After school club refused

[Sunisshining12]

Hi, my DC is due to start school in September. There is an EHCP in place with enough funding for full time 1:1. DC has a physical disability & needs help physically with almost everything (no cognitive or behavioural needs).

Headteacher said DC will not be able to attend the after school club (or breakfast/holiday). We have tried our best to reduce hours/change hours at work but I’m still left with 2 days pw needing the after school club.

After looking online, it seemed this could be in breach of the Equality Act 2010 for discrimination based on disability. But when I suggested to the school they are not allowing DC the same access & opportunities as other non disabled children, they said they would have a defence by carrying out a risk assessment and deeming it unsafe for DC to be in the after school club without 1:1 assistance.

He said the EHCP only gives funding for during the school day (9-3). He said the school does not/cannot fund 1:1 outside of these hours therefore DC refused after school club.

LA said anything outside of the EHCP is not their jurisdiction.

I never planned to have a disabled child, and I’m already cutting my hours down to be able to drop DC every morning so no need for breakfast club.

Is there anything else I can suggest to the school or is that it?

I suspect if you push on the school need to find the money, but it's hard as your child will benefit from all the goodwill you can create.

The EHCP provision in section F won't cover wraparound care. Is the after school club run by the school or an outside agency?

Do you get direct payments? If so, could you use these after school and during holidays. If you don't get DPs request a social care assessment for DS, one should have been part of the EHCNA. Also, look at your LA's short breaks offer.

If DS needs 1:1 I don't think under the Equality Act the cost of paying for 1:1 would be considered a reasonable adjustment, and therefore not discrimination. I imagine the reasonable adjustment would be to allow you to pay for a 1:1. Discrimination may arise if DS isnt allowed to attend even with 1:1. However, to be sure you could try to get a phone back from IPSEA.

How long do you need care for? Is this the nearest suitable school and how far away is it? Transport could but you some time.

No we don’t get direct payments? No idea what that is. The EHCP money goes direct to school.

Yes it is nearest suitable school. School is less than a mile away? Next school after that is further & Catholic.

I need after school club 2 days per week. I understand it’s not covered by EHCP.

After school club is run by the school. Don’t need breakfast or holiday clubs as reduced my working hours to cater these.

Just don’t see how it’s fair that every other child can go to after school club if required, but my DC can’t because no 1:1. That’s not her fault.

Direct payments are monies from the LA to pay for services yourself. It is possible to receive direct payments from social care. These can be used to help DC access leisure activities, including clubs. For example, we use some of DS3's DPs for a PA to attend scouts with him as that is the only way he can cope. You should request an assessment from the disabled children's team. There's a model letter on here. You should also request a carer's assessment, model letter on here.

I meant how long time wise. If you only need 30 mins asking the LA for transport (which would only be provided to the nearest suitable school) could buy you time, especially if there are multiple children and you are the last drop off.

It isn't fair. Nothing about disability is. However, I don't think it is Disability Discrimination. Have you asked if DD could attend if you paid for 1:1?

BTW with an EHCP the fact a school is Catholic is irrelevant to admissions.

Time wise would be until 5pm (4.30pm at an absolute push, again leaving work early)

No transport, I will be dropping/collecting (along with other non SEN DC who already attends after school club).

If I had to pay for 2 x DC after school club charge plus the cost of the actual 1:1 then it would be too expensive & a lot more than I earn during those 2 hours! If I’m already paying for the club don’t see why I should have to pay for the staff?

Trust me, I know nothing is fair about disability. My child is very disabled & I have been to hell & back. But I don’t think that is a reasonable excuse. School is for a long time and I don’t see how I can work properly & pay bills if I need to leave work at 2.30 every day to be at the gates for 3pm.

How much are direct payments? Not sure we would be eligible as we both work & don’t receive benefits.

What would be the point in changing my kids school, to be further away/further to commute and be Catholic when we are not?

Direct payments for DD wouldn't be based on your income they would be based on DD's needs. We receive 14hrs/week for DS1 and 6 hrs/week for DS3 - both have a LLI, one also has complex MH problems, the other ASD. However, you may not be eligible for, or have to pay towards, any help resulting from a carer's assessment.

I didn't say you have to change schools! Your pp made it sound as though it being Catholic was a problem, I was just pointing out that is not a problem for admission with an EHCP if that school would meet DD's needs better.

As I explained above it is unlikely to be Disability Discrimination because the school paying for 1:1 is unlikely to be considered a reasonable adjustment. Yes, you shouldn't have to pay, but the school won't have the resources for 1:1.

In case you don't already know, you are entitled to mileage if you don't want transport. If you don't already claim DLA you should.

Just thinking - if the Catholic school were more accommodating, would it even be possible to go to that school now for this Sept as the other school has been named on the plan and DC has been ‘accepted’ there via the admissions procedure.

I’m feeling very worn down from getting the EHCP (what a battle) & just feel pissed off with every hurdle that comes up. I’m shocked how the system is & was clearly very naive to think that school would be smooth sailing for a SEN child. DC is currently at ‘private’ nursery with a 1:1 which is absolutely amazing, I’ve never had a problem there. DC thrives there & they bend over backwards to accommodate everything imaginable. It’s a big change & a shock.

I’m also annoyed because when we had a look around the school last year, met the Head, talked about DC needs etc we asked about after school club & he showed us where that would be and he said that they would accommodate for it & ‘put in for funding via EHCP’. But i now know that isn’t even possible?!

Also, the original TA/assistant that was verbally agreed (who was great & experienced with physical needs) is no longer. They have now rejected that idea (despite recommendations for that person from PT & OT). They’ve now assigned DC to an older TA whom has no physical experience. Their reason is because said TA will be out of a job if not assigned to DC (as current child she assists leaves for secondary school this year) and they ‘want to avoid redundancy’.

Once DC had been accepted & funding agreed on ehcp, they did a u turn on things previously discussed/agreed. When I expressed my frustration to Head, he said they were just ‘informal conversations’ and nothing was set in stone.

I’ve discussed this with LA/EHC caseworker who said they are within their rights & not done anything wrong. I can see they haven’t but as a parent, I feel that they gave me false illusions.

Don’t know what to do from here. Stressing about after school club & particularly worried that their chosen TA isn’t suitable & isn’t going to keep up with the physical demands

Sorry, crossed post.

Didn’t know about mileage! How to claim? What is eligibility for this?

Just to check I am understanding- I need to request an assessment from social services? And from that, some direct payments could potentially be made which could cover the 1:1? Why would they offer to pay for this? On what grounds? I mean, the LA don’t exactly like paying money out (eg EHCP wasn’t easy) so wondering if they even would, especially as we both work?

Yes, we claim DLA but nothing else. I understand & hear your point as to why it’s not technically & legally discrimination as they have a reason to refuse her (although I feel it is morally discriminatory).

Why can’t the school claim the money required for 1:1? Does it have to be the parent that claims? What if social services say no? Having social services involved also feels uneasy...

Yes it may be possible to change placement. You could ask for an early review now and ask for a change of placement. However, the LA don't have to agree to an early review and you don't have the right of appeal. I wouldn't do this solely based on the after school club though as the response from other schools may be similar either now or once DD has already started.

Nothing in the EHCP should be left for the school to decide. Everything should be detailed, specific and quantified. If section F is detailed, specific and quantified it can be enforced, via Judicial Review if necessary. Unfortunately, if section F is vague and woolly with wording such as "access to" "would benefit from" "or equivalent" it can't be enforced and isn't worth the paper it is written on. In which case you should try to tighten it up.

Does the EHCP detail and specify the experience, training and qualifications the TA must have? It should do. If the proposed TA doesn't have them you can challenge this.

Mileage is instead of transport. If DD is attending the nearest suitable school you are entitled to transport or mileage despite living within 2 miles because DD's disability means she can not reasonably be expected to walk.

Yes, request an assessment from the Disabled Children's Team. They are separate from the safeguarding team, no need to worry. The LA are legally required to assess under section 17 of the Children Act 1989, and if DD has complex needs you should be eligible for something. If the LA refuse to assess you can complain. They won't offer to pay, it's a bit like the EHCP, you have to fight for direct payments - those whose parents shout the loudest get the best support. Under the national trial if you appeal to tribunal about educational provision it can look at health and social care provision too. Amongst other things direct payments can help children access leisure activities. If you so happen to help DD access leisure activities at a time you need child care well that's just s coincidence. School can't apply for direct payments because it isn't related to school.

I do understand how you are feeling. Everything is a constant battle. My posts are purely based on the legality of the situation and trying to help you solve it. You have been very lucky with the private nursery. Usually mainstream independent provision is even less inclusive than mainstream state provision.

Thank you so much for your informed reply. As they say, knowledge is power.

There is nothing specific in section F about the TA/assistant so that needs tightening up at least.

I have contacted SS and will see how that goes.

Thank you again - may be back for more of your knowledge!

Update: Social Worker came back saying they can help fund an assistant for holiday clubs but not before/after school club...

I'm sorry this is turning into such a battle (as everything seems to be) did they give a reason as to why funding for holiday but not before/after school?

Thank you. She said her Manager can authorise for holiday clubs/play schemes but not for after school club & that they’ve never authorised that. I asked if she could try? For 2 sessions per week.. she said the panel would decline it as not deemed a necessity

I would take a 2 pronged approach to the refusal.

1. Ask, in writing, if that is a blanket policy the LA are adopting. Doing this gives you written evidence they are acting unlawfully. You may find they back track quickly.
2. Ask the LA about direct payments for helping DD access leisure activities. Don't mention that the leisure activity you want to help DD access is at a time you need childcare. They most certainly do offer this.

Thanks. Re point 2, I did ask about leisure. She said she could authorise for an activity but that I would have to send receipts/proof that is where the money is going, so I couldn’t use it for school Club.

I’ll email and ask for the policy in writing. Thanks again

You do need to be able to show how direct payments are being spent.
I'm not sure you can't use DPs for a general after school club. DD will socialise, make friends and play at after school club, all of which will aid her development and help her in the community. However, if you can't face fighting the PA could pick DD up from school and take her swimming/bowling/soft play/to the cinema... (whatever she likes and is suitable for her needs) or do school offer other clubs (art/cooking/gardening/games... These are also leisure activities.

She doesn’t have a PA and the thought of this terrifies me. DC is only 4. Sibling is in after school club. Social worker said they will only authorise DP £25pm for swimming.

I just don’t know what else to say to the social worker or to the school as to how we can resolve this!

Unfortunately from what I've read the issue is that the after school club is not essential. So school cannot be seen to be discriminating as not all children will attend the after school club, in fact there is no requirement for school to have an after school club at all (they could close it tomorrow)

Have the school given any indication as to what it would take to enable your child to attend? Are they saying they would take them with a 1:1? Or is this not guaranteed either?

That’s right. I understand that it is not essential from the schools point of view.

They would accept DC with a 1:1 but won’t fund this. The 1:1 who will assist during the school day said she would be more than happy to work in the after school club (so that is who it could/would be) but of course funding her is the issue. DC could not attend without 1:1 due to physical disability.

I have no issue paying for ASC (my other DC already attends) but it is funding the 1:1 that seems impossible. It is not financially viable for me to pay 2 x ASC fees plus a staff member. It would be more than I earn.

My boss has been understanding & agreed that I can start later (so that DC doesn’t need breakfast club) and I will leave early twice per week to collect at 3pm. But there’s only so much flexibility I can ask for before it becomes problematic & more salary cut. I also want DC to feel included with her friends & sibling.

I’m just looking to see if any other parents have been in this position & if there are any other avenues I can try? Or is this it, accept it and request part time hours?

DC doesn’t receive any DP but social worker said £25pm could be authorised towards swimming. Funding may also be discussed for school holidays but not ASC (not really sure what the big difference is)

Are you appealing against the EHCP as you said it needed tightening up? You can ask the tribunal also to consider the social care sections and make recommendations.

Social Services should have carried out a full care assessment which should identify all your child's needs and your own as carers. If they haven't, asked them to do a full assessment under section 17 Children Act 1989, and don't let them fob you off with any nonsense about deciding it isn't necessary or doesn't meet their criteria: it is an absolute duty. They can't refuse to give support that is needed just because of a blanket policy.

DPs could pay for a PA. I understand your unease, I felt similar but it isn't as I feared. You can challenge their blanket policies, but if you can't face the fight at the moment a PA could take DD swimming.

As I posted up thread and Nith posted, the LA can't have such blanket policies.

Thanks - social worker did an assessment and awarded £25pm for swimming. So doesn’t cover the cost of a PA for after school.

Why would they agree to fund a PA but not fund the TA in after school club out of curiosity? If anything, that would be cheaper?

DC is physically disabled so it’s not as simple as a PA just going swimming, to the park, for a run around etc. PA would also need an adapted car.

I will go back again to the Social Worker but am trying to wrap my head around the logic (or lack of) of all this and be as informed as possible, so thanks for your inputs

@Missingthesun

That’s right. I understand that it is not essential from the schools point of view.

They would accept DC with a 1:1 but won’t fund this. The 1:1 who will assist during the school day said she would be more than happy to work in the after school club (so that is who it could/would be) but of course funding her is the issue. DC could not attend without 1:1 due to physical disability.

I have no issue paying for ASC (my other DC already attends) but it is funding the 1:1 that seems impossible. It is not financially viable for me to pay 2 x ASC fees plus a staff member. It would be more than I earn.

My boss has been understanding & agreed that I can start later (so that DC doesn’t need breakfast club) and I will leave early twice per week to collect at 3pm. But there’s only so much flexibility I can ask for before it becomes problematic & more salary cut. I also want DC to feel included with her friends & sibling.

I’m just looking to see if any other parents have been in this position & if there are any other avenues I can try? Or is this it, accept it and request part time hours?

DC doesn’t receive any DP but social worker said £25pm could be authorised towards swimming. Funding may also be discussed for school holidays but not ASC (not really sure what the big difference is)

Apologies if I came across antagonistic. Not my intention.

In answer to your question we currently have one child who attends After School Care with a 1:1 my understanding is that their EHC has a personal budget attached to it (I believe it is split so the council control part and the parents part) so they are responsible for purchasing services for their child giving them much greater flexibility which this family prefer I'm afraid I don't know the ins and outs of how it works. This website seemed to have some helpful info: www.familyandchildcaretrust.org/guide-childcare-children-special-educational-needs-and-disabilities-england#07---personal-budgets

PA not TA because a solution to this problem could be via social care rather than education. Different department, budget, language, policy...

You are looking at it from an education/school/childcare POV, but there isn't an educational duty to provide 1:1 for wraparound care. Whereas, DD is a child in need due to her disability, therefore social care have a duty towards her, which can include leisure and recreational activities.

Or they may not agree, but you could complain &/or try to force the matter via the national trial I mentioned in my pp. You could even investigate Judicial Review as they have admitted using a blanket policy.