Does child in a wheelchair have a right to go back to school full-time?

[JellyBelly10]

Hi, not sure whether to put this in health or education...but here goes!
My DS who is in Year 1 has Perthes Disease in one hip, it was diagnosed in June this year, so the school have known about the diagnosis since he was still in Reception. I had always told the school that the likelihood was he would end up having surgery which would require a period of about 2 to 3 mnths in full hip to ankle plaster casts and a wheelchair. As it happens the hospital has decided not to go ahead with surgery yet, but want to immobilise him totally by putting him into casts and a wheelchair for a period of 2 months just to see if the total rest and lack of impact on his hip might kick-start the healing/regrowth process. So for 2 months he will be his normal self (ie will not have had surgery) but will be in a wheelchair. DSs school is on one level, has no stairs at all, has full disabled access in terms of doorways etc and also has a disabled toilet. I really want him to return to school full time as soon as possible because assuming he ends up having the major surgery a few months down the line he will miss enough school then, so now that he is just in a wheelchair and, according to the hospital, there is "medically no reason" for him not to attend school, I really don't want him to miss his education or feel excluded socially. The school though have talked about him coming back on a part-time basis and initially with me having to stay with him all the time (not terribly practical, so husband will have to take time off work to look after our other child!). They have talked about him coming back full time 'eventually' but only building up to that very gradually (all left a bit vague!). The fact is he is a healthy, undemanding child who will happen to be in a wheelchair for 2 months and I don't want him missing school when medically there is no need to. I appreciate it's a bit inconvenient for the school that someone will have to help him get to the toilet a few times a day but beyond that I cannot imagine he will be particularly in need of much additional help. The head teacher is apparently looking into whether the school can get funding for a TA to support him (but I'm personally not sure that's even necessary!) but he goes into the plasters/wheelchair next week, and despite knowing since June, the school are only just making initial contact with the LA!! So basically I anticipate that I will have a bit of a struggle on my hands to get him back to school full time and although I have agreed to accompany him every day during his first week back I really want his life to be as normal as possible for him during what is obviously going to be a tough time for him, and having your mum at school all the time is hardly normal!! Just wondered if anyone knew whether I have a right to expect that my temporarily disabled child should be accepted back full time by the school??

I'd have thought so, surely its against teh disability discrimination act to say otherwise. It seems unreasonable for your DH to have to take time off work so you can be with him when all he needs is a hand to the toilet a couple of times.

When I was at primary school a girl broke her leg badly and was in a wheelchair. She was back at school after the weekend and the head used to take her to the loo, sit her on the loo and then hold her cast up while she had a wee. I know that was 20 years ago and not any paperwork/form filling like these days but why can't people just use their common sense? Can you talk to teh LEA if the school aren't helpful?

IME they will kick up a fuss unless there is someone there to support them full-time - doesn't mean they have the right to do that (hopefully someone will be along in a minute who knows the legal standpoint) but from what I've seen on here with people with DCs with broken limbs, they can be very over-cautious.

With us, DD was allowed back in school with a fractured leg (full thigh to ankle cast) only because I was willing and able (and CRB checked!) to come in with her. She was able to walk unaided, just needed watching in case she got overtired and needed supervision using the bathroom (she was only 4 at the time) Other Infant aged children have needed the one on one too, but they do seem to relax it once they are in Juniors.

I taught in a school that was specially equipped for children in wheelchairs. That ws secondary though.

The modifications may be more extensive than you realise. Will he need a hoist to get on and off the toilet? Will he need special tables to fit his wheelchair under? They are unlikely to make these changes if it is a temporary thing.
They should be providing a TA to help, it is not reasonable to expect you to be there. That doesn't mean they will though!

My DD's friend was in exactly the same position, same disease, same age. The school did ask the mother to come with her because it is not easy to take a child to the toilet in a broomstick plaster and a flat wheelchair is easily upset because of the higher centre of gravity.This is not like a child with a broken leg. It was very difficult for all concerned- child, parents and school.
Please get a fuller picture from your doctors about what will be involved. Also, get a carpenter to make you a padded dolly for DS so he can scoot around on his tummy at home.

I wish you the best of luck for this long road.

Hi Jelleybelly,
My ds had bone surgery in Yr 2, and was using a wheelchair for about 8 months and then had his leg in a full length cast for another 3 months.

Have you asked for a meeting with the Head, the SENCO and his class teacher? Tell them what will be required, that the hospital have said that there is no medical reason why he will not be able to be in school and so he will be in school, and how can you all help manage it! FFS, there's no point in them having an accessible toilet if they won't allow children who need it in school!

IMO schools are very inexperienced and unclear about how to actually deal with all this.

afaik, the school could put him on 'school action plus'. He won't need a special TA just for him - and it may also be that the Occupational Therapist (OT) from your local Social Services, and the Physiotherapist assigned to him can offer some help and advice to the school on how to manage. We had help from both those sources: SS OT brought a contraption for fixing above the bath and some excellent telescopic temporary ramps to put over our front doorstep - and they may offer to send an OT to school and advice on access.

The school also asked us to write a letter saying we agreed to DS being in school during his treatment and absolved them from responsibility, etc.

If they angst around about money, point out (research the details fost) that if he cannot be taught in school he is entitled to home tuition, which doubtless costs a fortune. DS's school got in a state about helping DS in the toilet, too and ludicrously decleared that an adult would not be able to help him (hold his leg up) in the toilet but one of his friends (aged SEVEN) would help. I wrote another letter confirming that I had no difficulty with an adult helping him, nor with him using the toilet usually reserved f adults (this seemed to contravene some part of Child protection).

Find out what thuer precise concerns are, and then assertively look for the solution. They just wibble, in my experienc, and need help and assertive conviction that it can and will be made to work!

Oh - and maybe get your consultant to e mail the school saying how iportant to the success of the treatment it is that he remains active and mentally positive and co-operative and therefore IN SCHOOL! And that ther is no mdeical reason for him not to be there.

And put out a shout out for JJ on MN - she has a DS who has had successful tratment fro Perthes.

Good luck!

Oh - is there any hope of asking the consultant to time the op so that it covers some school hols and you could make your hol co-incide?

It is also different from dealing with a child with a break - that is a temporary accidental thing - a condition like Perthes is a lifelong condition and schools need to accommodate children with ongoing health and mobility issues.

Sorry, I see the casting starts next week, re timig.

Jellybelly, the school is breaking the law.

Refer them politely to the Disability Discrimination Act (1995) and in particular Part IV ?Education? which, among other things, states:

no school can refuse admitting a disabled child
because of their disability

The decision about school attendance is yours to make, not the school?s.

It?s definitely worth getting something in writing from your consultant confirming that there is no medical reason why your DS can?t attend school and that his condition renders him temporarily disabled.

Got to agree with mattellie, this is the school wanting an easy life. They do not have a leg to stand on and should be making appropriate arrangements and adjustments to allow attendance full time.
As a matter of interest we have 2 such situations with fulllength pasters at present in my primary school - both car crash victims - they are having no problem in class.

Thanks for all the replies! It makes me realise that I am not being too unreasonable in expecting him back full time. Perthes is a long-term condition but (hopefully) the period in plaster and wheelchair is relatively short-term, a couple of months, maybe extended if he then has surgery, but definitely too long to miss out on school! We are at the hospital on Monday having the broomstick casts put on so life is going to be hard enough dealing with all this in our own home which is totally NOT disabled-accessible! In fact my husband is trying to make two ramps right now so that we can hopefully get the wheelcahir into the house on MOnday! So once we go back to school next week, I will stay with him for the rest of the week but will make it clear to the school that I do not expect to ahve to accompany him to school the following week, and expect him to return full time at that point. Thanks again for the replies, I'll be reading up all about the Disability Discrimination Act in preparation!

Obviously your son needs to be educated and in some circumstances this is provided initially by the Home/Hospital service. I realise to you June is a long time ago but when trying to organise things with the LA (especially anything that involves additional funding from them) usually takes much longer. As far as practicalities go there is a great deal of red tape around accompanying a child to the loo - staff training H&S has anyone had a handling /moving course etc
Hope they can get their act together quickly.

Mattellie. The school may not be breaking the law. The boy has not yet been registered as disabled. He is currently in the middle of medical treatment.

Ask the School and the LEA to provide Home Tuition.

There's no such thing as being 'Registered Disabled'. Some boroughs maintain a register of disabled peple, but it's optional and doesn't bestow a particular status.
There are 'blue badge holders', people in receipt of DLA, etc - but none of that is definitive - you can be disabled without receiving either of those benefits.

We had something similar when my ds broke his arm school said they would only take him back for mornings, or I would have to come and sit with him at lunchtimes . Which was completely impractical from a work pov and yes, i do realise that school is not a childcare facility, but otoh it does have to be compatible with some kind of normal life.

You could try doing what I did -- I phoned the Educational Welfare Officer to ask her opinion. I pointed out that if the school didn't change their stance, i'd have no choice but to take ds out of school for the 6 weeks he would have the cast, and send him to stay wiht my MIL. The EWO didn't at all like the idea of him missing 6 weeks of school and said she'd phone the headteacher to discuss it. The following day the HT phoned me and said the dinner ladies were happy to supervise him sitting quietly with a book at lunchtime, and there was no problem with him attending full time.

I think legs might be more of an issue, as I suspect the school are worried about the practical implications -- I'm fairly sure our school wouldn't have taken ds back if he'd been on crutches with a leg cast rather than just an arm. But might be worth a try. i'm not sure DDA applies, because it's a temporary disability.

Perthes disease is a permanent condition, which requires periods of temporary treatment. It's something he was born with and will need monitoring until he is fully grown etc.

JellyBelly - have a look at the foru on the STEPS website - there will be lots of parents there with experince of Perthes.

Ah yes, hadn't thought of it from that angle. So you could argue that the condition is permanent, even though the cast is temporary, so DDA would apply.

Might be worth talking to EWO as well though -- ours was lovely. And I figured that if I took ds out of school for 6 weeks she'd be on my case anyway, so thought I migth as well get in first, as it were.

Hi JellyBelly

Sounds like you have had lots of useful advice already. I agree with Blu.

Sounds to me like you are being reasonable and school needs to get their act together. As to discrimination, my understanding was that school should make reasonable adjustments and it sounds like they are some way off that. In my experience, you do have to push - as oftent hey seem reluctant to do anything that takes them out of their known comfort zone.

You may also find it useful to speak to the local authority's social inclusion team. In my experience they have been very helpful in getting schools to make accommodations where they can. Good luck.

You definitely need to get the local occupational therapists involved (may be social services or the local childrens team depending on how it is set up in your area). They (well we, I'm one too but not in paediatrics!) specialise in looking at the functional implications of a disability, be it temp or permanant. So the school may have a disabled loo but that doesn't mean they'll know how to get your DS on and off it! Just having doors wide enough for his WC is a small part of what needs to be considered for his return to school.
They can hopefully give you some advice for managing at home too.

Good luck

Lucinda I take your point, which is why I suggested that the OP should get a letter from the consultant. However, I can assure you from long and personal experience that Perthes is most definitely covered by the DDA for the reasons which Blu outlines.

To be fair, the school might not even realise what its responsibilities are in this area if they haven't encountered it before, which is why I suggested the OP approach them politely.

Jellybelly it sounds like you're trying to be reasonable and helpful, which I think is the right way forward, but at the same time it never hurts to know your rights.

our school is a two storey one (primary) and the HT has found funding to have a lift put in because we have one pupil who has mobility problems and has to use crutches and also parents who are in wheelchairs...staff have been given training with an evac chair as obviously in a fire the lift would not be able to be used....funding is out there if HT is bothered to get it...and as schools are supposed to be inclusive they should be doing all in their power to accomodate your child.

My DS had a full length leg cast on for 9 weeks, (broken leg) and his primary allowed him back in a chair, but they told me they were not allowed to help him with the loo etc. He ended up not needing the loo at school, but if he had then he could hobble with crutches and a friend would hold the door. That WAS allowed (door couldn't shut as his leg stuck out too far )

His classes were all downstairs (but have been swapped in past when another child broke leg to make life easy for him - just swapped form rooms!) His chair fit under the table and I pushed him to & from school every day, as it was easier than trying to get him & unbending leg in the car.

GOod luck

You need to contact the LA about this. Not only should they be providing support and training for the school, but also there are usually extra pots of money known as 'medical hours' to cover paying extra classroom assistants to help with things like toileting. Parents do not, repeat, do not have to go into school to help with such things any longer, and if they are being required to, then this breaches the DDA as other posters have said.

IPSEA might be a good organisation to ring about this. They have a special helpline.

www.ipsea.org.uk

PS Legally the Head Teacher is in loco parentis while children are on the premises and can direct staff members to do anything related to this for the children. This includes toileting. This idea that staff members are 'not allowed' to help is untrue. There is no law prohibiting it.

they are totally out of order and have no reason not to accomodate his needs

I would be disgusted at this

In their defence it will be ignorance and panic rather than a malicious attempt to ignore the DDA, most probably.

There IS legal precedent preventing staff from assisting. This has happened because of a handful of cases where untrained staff have assisted pupils and injured them. Fear of being sued does tend to shape attitudes. I think that not allowing him back to school is daft, and unnecessary, but hand in hand with their obligation to teach him is their long list of responsibilities. For the school, it will be difficult. That doesn't mean they should sidestep their responsibilities, potentially damaging your sons education, but you can see why they might want to.