School sen discrimination

[Hellobee]

I had doubts that my Autistic son was being left outside to play with his TA through out the school day and this was confirmed to.me by 3 members of staff. I'm extremely upset that the school has never contacted us to say this was happening. My son was taken to A&E last week due croup and he still has a chesty cough from when he started the school. My son is calm boy who is academically able to learn but this school has shown us dishonest from the start due to his Autism diagnosis. We were told by the head and senco that they are an inclusive school with sen qualified teacher but we have experienced so many problems. My son has an ehcp and LA are saying they agreed to meet needs and can meet needs. This is the second mainstream that has attempted off-rolling by not teaching my son and making life difficult for us. Both schools prejudged my son before they knew him and upset us with hurtful comments like 'your son is one of the most severist' 'he will find our setting challenging etc. I have extreme depression due to this and English isnt my mother tongue which is why they don't take me serious. Local authority will not let us choose a new school and i have no idea what to do. My son is being denied education due to his Autism

They could ask for an early review, but if the school remains the parents’ preference the LA must name that school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

The bar is high, far higher than many realise, and requiring 1:1 in a MS wouldn’t meet the threshold. And, unless the school is wholly independent, if the LA can’t prove one of the above they can and must name the school regardless of if the school object and claim they can’t meet needs.

That’s not to mention, even if they did call an early review and the 1:1 was removed or the pupil moved setting the provision must still be provided until the amended EHCP is finalised.

And most local authorities deliberately write ehcp in such a vague way that what needs to be provided isn’t clear. Things like “high level of support” could mean anything!

Which is why I said “if it’s in the EHCP”. Vague and woolly EHCPs is a completely separate point. If the 1:1 is specified and quantified in the EHCP it must be provided, and if it isn’t it can be enforced.

The LA don’t have to agree to an early review either, and if they don’t it doesn’t come with the right of appeal.

Objectively, the threshold isn't that high. Proving that redirect resources to meet a high need level has a negative impact on the efficient education of others wouldn't actually be overly difficult. LAs will still reject it though.

It's more that finding and funding any enhanced or alternative provision costs the LA more than even a highly funded EHCP for a child in mainstream. In some cases, LAs aren't keeping children in schools because they genuinely believe the school can meet the need or that meeting that need isn't negatively impacting on the efficient education of others. They are doing it because it's cheaper. It's one of the reasons many LAs encourage parents to "give mainstream a go first" and claim you can always move later. It's a lot harder to get out off mainstream than they make it sound.

Obviously there are some schools who could meet the needs but say they can't but, in my experience, it's more an issue with the LA watching every penny and trying to wriggle out of their duty to the children.

Objectively, the threshold isn't that high. Proving that redirect resources to meet a high need level has a negative impact on the efficient education of others wouldn't actually be overly difficult.

Case law says otherwise. The bar is higher than an “adverse effect”, “impact on” or “prejudicial to”.

It's more that finding and funding any enhanced or alternative provision costs the LA more than even a highly funded EHCP for a child in mainstream.

Mostly but not always. DS is in MS secondary and his EHCP costs more than LA SS places because of provision in there.

In some cases, LAs aren't keeping children in schools because they genuinely believe the school can meet the need or that meeting that need isn't negatively impacting on the efficient education of others. They are doing it because it's cheaper.

But that isn’t the case if it is parental preference which is what my post was about and which appears (or at least appeared until this point) to be the case here.

Sadly, this is true. Schools regularly discriminate against SEN children. They are 6 times more likely to receive a fixed term exclusion, 7 times more likely to be permanently excluded and are more likely to be subject to illegal exclusions.

The description of OP's son being left outside to play with his TA sounds like it may be an illegal exclusion.

Hi sorry, i get put off coming here by the unhelpful replies and i can see now there are helpful replies. So the latest info is that my son's TA has left the job and we have no idea why so i definately cannot send him back to that school now. I think they sacked her for telling us they told her to keep in the playground all day. She seemed unhappy with Sendco but she adored my son.

We have requested an ehcp review and will push for a sen school. I will not deregister. I don't know if they will fine me?

If you don't send your son to school you could get fined for unauthorised absence.

Even if the TA has left if the 1:1 is specified and quantified in section F of the EHCP (is it?) it must be provided.

I am aware that a lot of mainstream are not great because they choose to be, while some are amazing. Unfortunately, our school has sendco and head who are not interested in supporting sen children.

Does his EHCP state he needs 1:1?

The local authority are required to provide everything in his EHCP.

Yes, he has an Ehcp that has 1:1 support 32.5 hours. I paid a SEND solicitor a lot of money to ensure the ehcp is legally compliant which it is

That's great. So if the TA has left, the school is expected to find an alternative person. If they do not, inform the LA caseworker immediately.

Don't take him out of school, because then you'd be helping the school/LA to shirk their responsibilities.

I'd suggest taking him to school tomorrow and asking to see who would be his 1:1 that day.

Also, if the EHCP says the 1:1 needs any specific training, that's needs to be in place.