Banned from school trip

[Blonde2red]

My son is 8 (in year 4) youngest in the year, he has an ehcp and was supposed to go on a school trip yesterday 5/7/2023 they already said he wouldn't be able to stay overnight but could go to the day activities if a parent went with him, my husband booked the day off for this but 2 days before the trip they said my son wasn't allowed to go due to a decline in his behaviour and they authorised a days absence instead, my question is can they do this or can I now send an email complaining how they have singled him out considering his dad would have been there taking full responsibility for him, I am new to all this and want to know how to fight my sons corner as he is so unhappy at school and they don't seem to be meeting his needs, sorry for the long post, from a concerned mum x

Depending on the circumstances and the nature of your child's conditions it could consititue unlawful disability discrimination (either failure to make a reasonable adjustment, or discrimination arising from a disability, or both).

For therse forms of disability discrimination there is a defence in law - the respondent would need to demonstrate this was a proportionate means of a legitimate aim. A legitimate aim could be keeping everyone on the trip safe, but they would also need to demonstrate that there weren't other more proportionate ways to acheive that objective without excluding your child (and his Father's presence could possibly have constituted one such option).

If you phone the EASS they will be able to advise properly and have standard letters to download if you wish to pursue.

but 2 days before the trip they said my son wasn't allowed to go due to a decline in his behaviour

Is his behaviour linked to his need for an EHCP, or is it independent?

Even with a parent there for 1-1, would his behaviour be dangerous or disruptive to the trip for others (or himself).

In general they should make reasonable adjustments.

The school must make reasonable adjustments. Whether it is disability discrimination depends on the specific circumstances. For example, if DS regularly displays severe violent behaviour they may well be able to defend it even with DF attending too. But, if you are talking something that is much less of a risk the school would have a much harder time defending their actions.