THREE schools rejected 7yo due to SEN! Shall I just give up work?

[Lap871]

I’m so frustrated that the after school club at my sons current school won’t take him due to SEN and then 3 other schools have refused to take him fullstop. He has a EHCP for Autism and soiling 2xweekly (on average). I can’t find any wraparound childcare, so decided to move him schools where wraparound care was more available and 3 schools we’ve applied for have said they can’t support him. I feel like we’re stuck with no options. We don’t have much family support, so rely on childcare for wraparound care on 3 days while I work. I’ve tried to get a nanny, CM and agency to cover childcare with no luck after advertising good rates for 16 months. Now I feel pushed into unemployment and poverty and I’m really upset about it. I’ve spoken to SENDIASS who have said this is a common problem and there’s not much I can do about it. It all feels so unfair…I’ve had enough!! Does anyone have any advice or ideas about what I could do?

Thanks everyone. You’ve given me some great ideas. I’m going to advertise on indeed and see where that takes me and also look into respite for a bit of extra help. I’ve realised I probably haven’t been as detailed as needed on my childcare.co.uk profile. Just updated it now, so when those updates go through, maybe it will attract more people. I have been actively contacting people on there. @Higgleyy Pm if interested

Sadly I was in the same position and had to give my job up

@santabetterwashhishands that’s what I worry about. It’s so tough. I really don’t want to give up work.

With an EHCP unless the school is wholly independent the LA can only refuse to name your preference if:

• 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 relatively high - higher than merely showing an adverse effect or impact. Unless the LA can meet the threshold they can, and must, name the school regardless of the school's objections when consulted.

Whilst it is not specifically childcare, have you had social care assessments? A carer's assessment for you and an assessment by the disabled children's team for DS. You may be able to get direct payments which you could use when you happened to need childcare.

If you have any local special schools some parents have success asking if any 1:1s want a few extra hours.

@Kitkat151 yes I realised that but it is relevant to the fact that three schools have refused him a place which is really bad!

I do think you should consider making a complaint about disability discrimination re the after school provision at school. Ultimately, it's a service and they have got a duty not to discriminate, which includes a duty to make reasonable adjustments. That doesn't mean they can be made to do anything, but there is a strong onus on them showing why they can't be more accommodating.
There's a charity called IPSEA, which I volunteered with years ago, that can provide free legal advice on this, or you may find something similar via google. I would start by putting in a complaint in writing about disability discrimination - it will at least mean it all gets escalated and so will be looked at a more senior level, which might help.
Please don't give up though. xxx

Thanks @TataMamma I have thought about doing this, but it’s all so stressful to fight.

@Imitatingdory the criteria is supposed to be set at a high bar, but the reality is different. Effectively, schools can say they can’t meet a child’s needs and it’s accepted by the LEA. One school rejected us because they said it wasn’t in his best interest to move. That doesn’t even come under the supposedly strict criteria and the LEA still added that to the explanation they gave me

Then you can appeal, and SENDIST are likely to take a dim view of the LA's actions.

It is unlikely a Disability Discrimination claim would be upheld. Whilst wrap around care have to make reasonable adjustments 1:1 or 1:2 is unlikely to be deemed reasonable as they are mostly small, and just about breaking even as it is.