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Primary education

Join our Primary Education forum to discuss starting school and helping your child get the most out of it.

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Original poster

Disabled son not being offered a school place?

87 replies

ApignamedJasper · 17/03/2015 10:39

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!

OP posts:

Nerf · 22/03/2015 07:48

Ring the Sen team tomorrow. They have to find him a school place and they cannot insist you wait for a review. Not admissions, not the school, but the Sen team at the council, whatever they are called in your area. If you put your area down I can probably find it on the council website. It's still a statement, yes?

Nerf · 22/03/2015 07:52

Sen code of practice 2001 (not the new 2014 one) 8:113 to 8:115

hiccupgirl · 22/03/2015 08:24

The LA should be able to just adopt the current statement with the new school named without a big review of it especially as your DS is out of school. Plus if he's still at Infant school the Statement can't be more than 3 or 4 years old.

Can they get information from his previous school or do you have copies of previous review meetings that they could append to the Statement instead? I'm guessing they don't want to issue a Statement that may be out of date already but at some point soon they will have to move your DS over to an EHCP so whatever they issue now isn't going to stand legally for more than 3 years anyway.

Missda · 23/03/2015 07:26

Your LA should be providing some sort of education. Your child has a right to an education. I would suggest that you read the LEA school admissions policy.

In the meantime you should be offered a some sort of part time home teaching for your child.

Have you got a disabilities SW who could help?
If you happen to be Wales there is a helpline called SNAP Cymru who can offer advice.

There is an England equivalent but I forget their name.

Superexcited · 23/03/2015 07:37

DeeWe, the statement currently names his old school but it needs reassessing - they have said they can't/wont reassess him until he has a school place. Frustrating!

Sorry, I haven't read the whole thread but wanted to pick up on this.
If the statement names the old school then the new LA should transport your son to that school whilst they prepare a new statement and find a suitable school to be named. Is the old school within a distance that your son could be taken by taxi each day (funded by the LEA as it is their responsibility)?

We moved house and my child had a statement with a named school so I have been through this.

Original poster

ApignamedJasper · 23/03/2015 08:49

Unfortunately the old school is in another county so he can't attend that school until he gets a new one :(

We do have a SW missda, they have said they will help but so far have done nothing.

OP posts:

Superexcited · 23/03/2015 09:28

It doesn't matter if the old school is in another county as long as it is within a one hour drive.
When we moved we moved to another county and the LEA funded the transport from our new home to the old school which was within a different LEA until they had sorted out a new statement. After the new statement was completed they decided that the school my DS should remain at his old school for the remainding 3 years of primary school as it was the best school to meet his needs and they funded 1:1 transport for that whole period.
Obviously if you have moved more than an hour away by car then it isn't possible to transport your din to his old school due to time travel restrictions for primary aged children.

prh47bridge · 23/03/2015 13:16

Unfortunately the old school is in another county so he can't attend that school until he gets a new one

Yes he can unless the journey is too long to be practical. They cannot take away your son's place just because you have moved. The fact you are now living in a different county is irrelevant. Furthermore as your LA has failed to come up with a place at a suitable school closer to home they will have to provide free transport assuming the old school is more than 3 miles away.

Nerf · 23/03/2015 14:42

Distance doesn't come into it for Sen travel.
Please op could you look at the links and ring the Sen team?

prh47bridge · 23/03/2015 17:25

Distance doesn't come into it for Sen travel

If the school is under 3 miles away an SEN child is entitled to free transport if they cannot reasonably be expected to walk to and from school. It isn't a blanket entitlement to free transport regardless.

Original poster

ApignamedJasper · 23/03/2015 18:36

Old school is over 200 miles away so a bit too far for transport :D

OP posts:

Nerf · 23/03/2015 18:45

No, there is an eligibility for access to travel dependent on SEN. The school could be thirty meters away.

The other miles criteria would be a default obviously. Two for infant, three for over eight, within compulsory school age.

Nerf · 23/03/2015 18:46

Jasper, that's not really an issue then
Did you ring the council?

prh47bridge · 23/03/2015 23:34

there is an eligibility for access to travel dependent on SEN

Either you have misunderstood what I have said or you believe there is a blanket entitlement that does not exist.

If the SEN child cannot reasonably be expected to walk to the allocated school they are entitled to free transport regardless of the home to school distance. However, if their SEN does not affect their ability to walk their entitlement is the same as everyone else. See Education Act 1996 Schedule 35B paragraph 2 (which was added by Education and Inspections Act 2006 Schedule 8).

A statement of SEN may say that the council will pay transport costs. In that case the child is entitled to free transport regardless of the home to school distance and regardless of their ability to walk.

Effic · 23/03/2015 23:46

If your child has a statement or EHC plan, the school has to take him. Only the most extreme circumstances could apply that they could turn him down (eg severe overcrowding - already significantly over 30 per class- or significantly high levels of high needs SEN - usually more than 15% of the class with statements) It is true that the school can't magic up suitable 1-2-1 support instantly but they have a max of 15 days to put the necessary support in place. SEN casework should be advising and sorting this.

Nerf · 24/03/2015 06:34

No I know exactly what I'm talking about, your post 13.16 yesterday suggested that free transport applied if the school was more than three miles away. I was just disconnecting the link you appeared to make between distance and Sen entitlement. Your second post then stated they were entitled at under three miles if they couldn't walk the route and as you hadn't explained why you were referring to the three miles I put the distances in my next post.
As the op's school is too far away for any eligibility to matter it's not worth worrying about anyway.

Nerf · 24/03/2015 06:36

there is an eligibility for access to travel dependent on SEN.
Plus I'm not really sure why you would object to this: dependent was the key word

HermiaDream · 24/03/2015 06:54

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Superexcited · 24/03/2015 07:00

hernia whilst parents can request any school for a statemented child the LEA does not have to agree to naming the school chosen by the parents. There are several reasons an LEA might refuse to name a particular school.

Nerf · 24/03/2015 07:06

Op please let us know how you get on. It's awful to have your son uneducated with excuses being made. If you need to speak to someone ipsea run a helpline , although it's busy.
Www.ipsea.org.uk

sashh · 24/03/2015 07:08

DeeWe, the statement currently names his old school but it needs reassessing - they have said they can't/wont reassess him until he has a school place. Frustrating!

So if the only reason they can't give him a place is they cannot offer support can they offer a sort of 'conditional offer'?

So he has a place but cannot attend until he has support

TheBuskersDog · 24/03/2015 08:01

I think you actually should be pushing for a Special School place if he has a severe learning disability, you previously said something about pupils with physical disabilities being priority but that has nothing to do with needing a mld/sld school. Perhaps you could tell us which LA you are in to get an idea of SS provision.
By the way, my son, who sounds very similar to yours, always had his nappy changed standing up.

prh47bridge · 24/03/2015 09:48

I'm not really sure why you would object to this: dependent was the key word

I objected because your wording makes it seem that any child who has SEN is entitled to free transport regardless of distance, which also appeared to be what you were saying in your response to my 13:16 post.

I accept that my 13:16 post covered only the universal entitlement and did not mention the fact that the distance is shorter if the child is under 8, nor did I mention the additional entitlements for FSM and some children with SEN or disabilities. Given the context of this thread I should have mentioned most of this.

Hulababy · 24/03/2015 10:09

We are not allowed to change children on the floor for the children's sake and also h&s of staff.

We have had to have a large wooden changing table which goes in the disabled toilet. There are rules that have to be followed for the benefit of both child and staff.

Unless the school is named they don't have to take him if they are already full I'm afraid. Even with a 1:1 as the ratio that matters is children to qualified teacher, not child to adults.

Nerf · 24/03/2015 10:15

Hula, (sorry op for the hijack) are there any national guidelines covering intimate care or is it a school/la policy each setting follows?

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