Disabled son not being offered a school place?

[ApignamedJasper]

My ds2 is severely disabled, no physical disabilities or mobility issues so 'access' as such is not a problem but severe mental disability (autism) has a statement, needs 1:1 at all times and is still in nappies at 7. It is felt that currently he is coping in mainstream school and isn't currently eligible for a special school (waiting list a mile long).

We recently moved areas, necessitating a change of school for him and older ds. Because the area we moved to is much busier, ds1 is in a 'junior' school whereas ds2 needs to be placed in an 'infant' school until september when he too will move up into juniors. They school they were in before had both so they attended the same school. Ds1 was placed in a school within a week of moving, we specifically started applying for school places before we moved to limit the amount of time they both spent out of school.

Ds2 still has not been placed. We applied for a place at the same school as ds1 but at the infants part across the road and they were very reluctant, stated they couldn't get a 1:1, they wouldn't have anyone 'trained' to do nappy changes etc. They have since formally rejected him for a place. Ds2 Therefore has not been offered any school place and I am so angry! How can they even refuse him a place, I didn't think they were allowed to! How can they possibly say they cannot accomodate him? Since he has a statement I thought they were obliged by law to accomodate him! The longer he spends out of school the more difficult it will be for him, we specifically started applying before we moved to try and make the transition as smooth as possible but he's now been out of school for over a month and it's just not bloody acceptable to me. I'm 99% sure that the main problem is his disability, given that ds1 got a place so quickly!

Do you have a parent partnership service In your area? They have been invaluable in helping us with dd and can give you advice/information on your sons rights and how to appeal etc

Hiccup, the staff at his previous school managed just fine on the floor before, I'm not sure tables would take his weight they aren't usually built to withstand heavy loads :/

I know that the nappy changed is one of the reasons they gave for not taking him but it can't be helped at the moment as he just isn't capable of potty training yet (we have tried, he can wee into the toilet standing up but refuses to sit).

Yes, Charles, we are in a different county now.

You need to give IPSEA a ring and find out about the obligations the new LA have in this situation. As with any child they are obliged to ensure that there is a school place made available, but where and when this happens IPSEA will be better placed to advise you. With a statement naming a school the school are obliged to take him and provide for him according to the detail in the statement. His provision still applies until the new LA review the statement, they can not ignore it. They must come up with a school of a similar type to the one named in his statement for now until they can do their review if they are not prepared to name a specialist provision based upon the detail in the statement.

Jasper, the previous staff may have managed because they had always managed IYSWIM - they started when he was 4 and just were accustomed to it. Any new school will do a new suitability assessment.

From the sounds of it, the hands if the new school are tied. If they are full to ICS limits and your statement doesn't name their school, they have no grounds to admit him as an excepted pupil.

The new LA need to sort you out with the school best able to handle your Needs,

Again I would reiterate making a late application for the junior school place you want in case you don't get an infant place at this school.

Different areas have better policies in regards to personal care. Some wouldn't think twice about changing on the floor.. However a number are moving forward and the correct equipment has to be supplied and this included a heigh adjustable bench with sides. That can be fully wiped down.

Then there's training of two members of staff. Yes he has 1-2-1 but safe guarding for personal care is two people.

To get the 1-2-1 this has to be advertised for. The school cannot force existing members of staff to do this. Unless it's in the current contract the school cannot force the staff do personal care either.

You really need to start hassling the lea to provide a school place. It could be the school you want but this could still be another month at least by the time staff have been hired, trained, crb'd and disqualification checked.

Yes I know it's beyond frustrating.

I am not really sure why you did not get in touch with the new LA much sooner. The minute you were thinking of moving. Many schools are not in a position to take a severely disabled child, but can with notice. Some schools are already equipped and would have trained staff. I think you should have considered all of this a bit earlier and talked to them about assessing his needs for a new school while he was still in the old one.

Op did apply before moving. As friends of hers got a place quickly, she may not have realised the issues , especially if she came from an area with less of a school place crisis. Her last " fresh" application was years ago as she probably got sibling preference at her old school so she has probably had no issue to date getting her school of choice.

Plus - she is where she is, not much point telling her what she should have done differently!

So the new LA have to take responsibility for the statement and find a school place if the old one is too far away. Get onto your Sen officer and state that you want to know where his papers have been sent (ie which schools have they approached). Infant class size doesn't apply and you don't need to apply through admissions for junior schools as you have a statement. As he was at m/s you may need an annual review and amendment to access special school, so ask when they plan to do this - they have to tell you within six weeks of you moving in. Use the Sen code 2001 as you still have a statement.

Nerf, wouldn't the junior school need to be named on the statement to get an automatic place?

I was under the impression that if you moved to a different county you had to apply for a new statement, the old ones no longer valid and the new county has no obligations to follow it. You really need to call the SEN team at his new county as you need to start the EHCP application process as soon as possible.

Forgot to say last night to challenge them on observation can only happen in school. Because you have the right to HE. If you had been HE until this point and couldn't cope/change in circumstance, then any observations wouldn't be able to happen in the school.

Milly, we applied mid January for the place and only moved late feb so over a month before we actually moved. Friends' son not really relevent as such other than he got a place in a very oversubscribed school with no statement because he had SN but different school. He was also a late applicant though (July application for September start) and he still got in.

I don't want to worry you OP but I tutored a child who had special needs and was out of school for a whole 2 terms before the LA found him a place. I think the parents may have got their MP involved in the end - might be worth an email to your MP? He/She will be extremely anxious to show they are supporting people this close to an election!

I think the statement here makes all the difference and really the new school should have told you that you needed the statement changed by the new LA even if you did not know. Sorry if my last post was a bit judgemental, but I used to work as an officer for an LA many, many years ago, and I am sorry to say that it is very difficult to slot severely disabled children into schools - without much notice. Usually we know about younger children starting nursery and then needing a school place because they have been on our radar for years. When somebody moves into the area, it is extremely difficult to fit the child into a suitable school, and truthfully, not all schools are suitable. I did advise that the new LA might have a school that is already equipped and has staff available for your DS. We do in my LA, so it may not be all doom and gloom. It may not be your local school but a neighbour of mine had a child go to a mainstream school with facilities for severely disabled children and was extremely happy with it, even though it was in the next town along. I do hope you can this sorted out and it really should not take months but do try and be flexible.

OP, you seem to suggest you applied directly to the school and don't seem to be responding to posters who correctly point out that the LA has to find DS a place.

Mainstream schools are only allowed to refuse children with statements if admitting them would prejudice the efficient education of other children AND there are no reasonable adjustments they can make to avoid that prejudice. Clearly this school could get funding for a 1:1 via the statement, and it's very easy indeed to train someone to deal with nappy changes. However, if this school really doesn't want him I agree that it may not be in his interests to force the issue.

You really need to get in touch with the LA today and ask what they intend to do about your child's education: if he is not in school and not having his SEN met, they are breaking the law. If he needs to be placed in an alternative school, they will probably have to provide him with school transport. If they can't identify a school immediately, they should be providing home tuition.

The junior school does have to be named, but that's through the LA not the school.
The new LA has to adopt the statement but can reassess - that's why they have to say what they are doing within six weeks.

They can't claim that they don't have to do anything until the statement is reassessed, that is not what the law says. Think it applies until such time as it is changed.

They can't claim that he must be in a new school to reassess the statement and use this as a delaying tactic.

Please seek advice from independent specialists eg IPSEA.

That's not what I said. I did say they can choose to reassess. My earlier post stated that the new LA has to adopt the statement. The op has a statement btw so EA96 applies.

Hadn't read your post or the full thread nerf or meaning to contradict, was outraged ofor the OP

The previous school shouldn't really have been changing him on the floor either - it's considered to be bad practice for the staff and the school would be liable if a member of staff injured themselves doing it. There are plenty of height adjustable changing tables, either fixed to the wall or free standing, that could be fitted or provided to the school for your DS to use. But the school will most likely need to get funding for this from the LA unless they happen to already have a fully accessible changing room for another child.

The main problem though as others had said, is that you need the LA to issued the Statement naming the school. Until this happens, the school doesn't have to take your DS is the classes are full and understandably they will want reassurance that the LA is going to give them the funding for the support your DS needs.

Sorry duck, unfortunate post positioning!

Presumably if the infant school is full they do not have to take him. I was under the impression there has to be something unique about the school to have it named on statement I.e that the child must go to this school because it has key things that other schools in the area don't.

If other schools with places can cope with his needs, then the lea will just give him a place there I think unless named on statement. It's not that common for one school to be soley suitable so I'm not convinced it's that easy for a statement naming only one school. The lea may say another school with a place can cope perfectly well with his needs and offer this place there. Sadly it doesn't have to consider the sibling.

Buttercupsandaisies - I'm afraid you are mistaken.

If a school is named on a statement it has to accept the child even if it is already full to overflowing.

There does not have to be anything unique about a school to be named on a statement. The parents can ask for any school they want to be named and the LA generally has to comply. The grounds on which the LA can refuse to name the school chosen by the parents are very limited. The LA certainly cannot refuse on the basis of other suitable schools being available.

With a severely disabled child though, just any school might not be suitable immediately unless substantial alterations and changes are made, plus staff recruited, and these can take time. It is not a quick fix of needing a table in lots of cases. That is why some parents are happy to accept a school that already has the facilities available. It is all about negotiation and many parents are happy to look at alternatives. They have not relinquished their rights, they have just considered every option.

All the schools in the area are full so there are no schools with available places as such, we honestly would be happy for him to go to any school that was appropriate for his needs but it was felt by several professionals that it would be best at least initially for him to attend the same school as his brother. Also from a practical point of view it wouldn't be possible to get the 2 DC's to schools at opposite ends of the town at the same time unless they provide transport, which is also a bit awkward as he needs 1:1 in transport too.

Sorry I hnoestly can't remember if we applied direct to the school or to the lea but I think it was the lea!

Have definately been told that we cannot change the statement without a review, which cannot happen until he has a school place so we are stuck in a bit of a stupid cycle :/ Doesn't seem right to me but not sure what we can do about it.

Physically there are very few alternations that would be needed to the school itself it's mostly the staff issue as he needs the 1:1.

I'm just really worried that all the progress he has been making academically, and with things like following instructions, waiting, eating lunch in the communical hall etc, all skills it took him a long time to build will be lost or at least severely impacted by such a long period of time out and school and routine.