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?

The penny is dropping now! I need to pursue this matter with social care & leave the school out of it for now...

How do you think this proposal will work? Propose to social care that they provide the funding to cover the support in ASC on the basis of activities they do in club, social benefits & inclusion with sibling & friends. This is £9ph x 4 hours per week, term time only). The school could invoice social care or myself direct & I pay out of DP?

Or are they going to be adamant it must be a PA outside of school? Is it the school club that is causing the issue for them?

I could ask the TA to be a PA after school as she is the perfect candidate, but she doesn’t drive & has her own children who also attend the ASC.

I’m drafting an email taking into account all of the advice given here. Just want to get it right. I really do think ASC is the best place for DC. It’s less disruption for her & more inclusive. She is only 4.

Yes, you've got it. It's nothing to do with school/childcare but it is about giving DD access to leisure and recreational activities. You have to play them at their own game.

I'm not certain you can't use DPs for ASC because of all the reasons you posted and I mention in my post on 3rd at 12.05. If you phrase it right you have a strong case. Although the LA may still argue against it. In that case I would forget the ASC for now, focus on getting DPs in place for an alternative arrangement and come back the issue further down the line.

Thank you - will do