Primary school refusing to have my SEN child

[Mmadi]

Hello
When I applied for mainstream primary schools last year I had conversations with the head and made them aware of my daughters potential autism diagnosis. They went to visit her at nursery and attended the coplanning meeting. Her EHCP was finalised and that school was named in it. In July the deputy called to ask me whether I had considered whether I had considered any "alternative" settings. I thought this was odd as my daugther hadnt started yet.

The EHCP funding only allows for a one to one TA for 2 hours a day. The school appealed but was rejected.

When she started 2 weeks ago she was allowed in for 30 min at a time and since last Wednesday is only allowed in from 1.30 to 3pm. This is impossible for us to maintain. They have not hired the TA that can afford and have once again asked whether I should consider another setting.

I think they have done this on purpose. They dont want my child and are deliberately making life hard for us so we look for someone else.

I dont want my daugther there now either but my issues is that in the short term, she HAS to go full time. How can I force them or what can I say to make them take her full time?

I have spoken to local SEN casemanager but she seems toothless. If we stop my daughter going to school we would be in trouble yet they can get away with not providing full time education. How is that fair?

Any help much appreciated.

Schools can not appeal EHCPs, only parents can. Did you actually submit an appeal to SENDIST or did the school just ask the LA for more funding informally?

Does the EHCP specify and quantify 1:1 for more than 2 hours a day? No woolly or vague wording in section F such as "access to" "would benefit from" "or equivalent".

If it is specified and quantified it must be provided regardless of funding. Funding isn't your concern if the school need more they need to liaise with the LA. Complain to the school. Also complain to the LA as it is the LA, who is responsible for ensuring the provision in the EHCP is provided, and threaten Judicial Review. If the threat doesn't work contact SOSSEN for help with a pre-action letter. Unfortunately, if 1:1 isn't specified or quantified then you can't enforce the EHCP. The best way then would be asking for an early review in order to tighten the EHCP up.

If the school is named in the EHCP it must admit the child. The school are illegally excluding DD. Part time timetables are unlawful whether or not parents agree. Inform the school DD will be attending full time unless you receive formal exclusion paperwork. Ultimately the school are leaving themselves open to a disability discrimination claim. Also complain to the LA and ask how they are going to ensure DD receives a full time education. If nothing is provided you can threaten Judicial Review.

As an aside, you wouldn't be fined if DD doesn't attend school because even the oldest reception pupils aren't CSA at the moment, not until after Christmas.

I agree with this. I am sorry this is happening and is does look like disability discrimination. I second SOSSEN to challenge the school of they are insisting on a part time timetable. Your child is entitled to full time as all children are in this country and they cannot insist anything otherwise. Good luck.

Yes totally agree with the above.
See here:

www.ipsea.org.uk/pages/category/exclusion-from-school

I would email the school, copying in the LA and tell them your daughter will be attending full time as from now on as she is entitled to. Tell them you have been advised the P/T timetable is unlawful and could be construed as disability discrimination.

You could also remind them that under Section 43 of the Children & Families Act 2014, the school has statutory duty to admit your daughter (whether they like it or not) as the school is named on her EHCP.

If there are any more problems, lodge a formal complaint with the school.

Good luck

Overworked your post has confused me - I agreed with your post and the OP's daughter already has an EHCP.

Sorry seven, I posted my pp on the wrong thread. I shouldn't multitask.