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SN children

Here are some suggested organisations that offer expert advice on special needs.

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Original poster

ASD. - After School Club Discrimination

18 replies

fullstop · 31/01/2011 22:24

My little boy who is nearly 6, goes to mainstream school and is on the Autistic Spectrum. He attends an afterschool football club run on the school grounds by a local football club community trust. We have recently been told that on health and safety grounds 'it was not the right environment for him as he is a big boy and he may injure himself and others' and should therefore no longer take part in the sessions.

As it is a catholic school it does not come under the local education authority so we are getting no support or decent advice in terms of his 'rights' in terms of inclusion and provision for special needs. In addition the school claims to have no direct connection with the afterschool club and therfore are saying that it has nothing to do with them!

We think this is blatant discrimination - as he is well capable of participating, with just a little help. However they are just hiding behind the Health & Safety clause to find grounds to exclude.

Again we find ourselves on our own - making 50 million calls and no support! Does anybody have any experience or advice with this.

Thank you.

OP posts:

HelensMelons · 31/01/2011 22:39

Hi Fullstop, I'm afraid I don't have any advice but didn't want to read and run; we experienced similar with our local council swimming lessons when the instructor "didn't know" what she could do for our ds. Ds2 is also on the spectrum but getting eye contact and making an effort might have helped.

However, it doesn't sound like the football club is particularly supportive - would they have banned a "big" neuro typical 6 year old?

Would the school come under the Council for Catholic Maintained Schools or something like that?

How disappointing and another battle to fight; I hope someone with better advice comes along - good luck x

starfishmummy · 01/02/2011 00:22

The disability discrimination act would surely apply here?

AvaBanana · 01/02/2011 04:43

Our DS (ASD) has been discriminated against in this way. He has been asked to leave supposedly inclusive toddler groups and extra curricular clubs in the past.

Fortunately, we have accessed some truly inclusive provision in our area, but we are still unable to find an after school club that will have him .

This is a problem that is widespread and unacceptable, and to be honest, I have thought many times about taking the matter further.

In your case - have a look at the Disability Discrimination Act online (or just google the Equality Act 2010, which I think now includes all the relevant DDA legislation - the Equality Commission website has lots of advice, too).

Autistic Spectrum Conditions are classed as a disability, and I am pretty sure you could make a case for discrimination / not making 'reasonable adjustments' for your DS etc. Worth looking into.

Good luck

okudaisi · 01/02/2011 08:19

do you have a local parent partnership in your locality. basically it is an independent group which helps parents whose children have additional needs to fight for their rights

www.parentpartnership.org.uk/

hope it helps

intothewest · 01/02/2011 08:31

I think you should have a case for discrimination-In the meantime is there someone who could go to help out if there were any problems?(my friend has been helped by the 'count me in' scheme-but this may only apply if the parent is working )

northernterritory · 01/02/2011 10:12

I think you should argue the Equality Act and the disability provisions but also mention that part of Ofsted's guidance to Inspectors (issued Jan 2011) is to consider how children with SEN are included generally and this means after school clubs too. They are explictly advised to look at this.

I have seen a copy of this guidance but I' not sure whether it is available on the net. Google it or email Ofsted and ask and send it on to the school.

It's called 'special educational needs and/or disabilities in mainstream briefing paper for section 5 inspectors'

northernterritory · 01/02/2011 10:14

You can find it here

www.ofsted.gov.uk/Ofsted-home/Forms-and-guidance/Browse-all-by/Education-and-skills/Schools/Supplementary-guidance-and-resources-for-inspectors

Where it says: Two zip files - click on F-Z

andperseand · 01/02/2011 16:06

Who says as a Catholic school it does not come under the LEA (unless it is a private school, in which case I am not familiar with the rules)?? Our children have attended three Catholic primary schools between them and they ALL come under the LEA (an ill-informed member of CAMHS staff once tried to say it didn't until we corrected her).

A mainstream Catholic primary or high school comes under the LEA just like any other school and you should get exactly the same provision in terms of inclusion and provision. Others have answered about disability discrimination - but if you are not getting in school support try contacting your Parent Partnership advisor and/or the autism inclusion team in your area.

pinkorkid · 01/02/2011 16:35

I agree with amperseand that the school even if it is a private school must abide by the disability discrimination act. However, they may be correct in saying that they are not resposible for the actions of the after- school club if it is run by another organisation and just uses their premises.

Actually having had a quick google I think the same law should apply to private clubs - see link here: www.equalities.gov.uk/equality_act_2010/faqs_on_commencement_of_the_eq/associations.aspx

Original poster

fullstop · 01/02/2011 20:57

Thanks a million for all this help and advice. I am sooo angry that we have to go through all this when we honestly have enough to be doing!

We have rang around 50 people at different offices but they are all just passing the buck! I can't believe that organisations that provide so called 'Community Trust' activites have no provisions for special needs. I would never do it to our little boy if I thought the football was too tricky for him -but he's ok and if anything he just needs a little bit of extra help & direction. So much for inclusion !!

Again thank you very much.

m xx

OP posts:

CameronCook · 01/02/2011 22:13

Thats disgusting treatment you have received.

I would say that the DDA definitely applies and that they need to make reasonable adjustments to allow your son to join.

I'm not sure who you have called but the NAS helpline may be a good starting point - or Children and Young Peoples Services at your local council?

CameronCook · 01/02/2011 22:15

Some info on DDA here

Spinkle · 02/02/2011 11:32

No advice to offer but plenty of sympathy.

It's just wrong to exclude a child based on their disability.

Tiggles · 02/02/2011 11:46

Our after school club is technically nothing to do with the school - other than being held on the school grounds, they hire the hall from the school etc and are run as a separate business - with their own committee. So, it would need to be the committee you complain to, not the school. However I am fairly sure that the committee are members of a larger group from whom they get advice for funding etc. We are in Wales so this may be a bit different if you are in England, but if your committee are part of a similar 'funding' group maybe you could be looking to them rather than the LEA to complain to.

Spinkle · 02/02/2011 14:07

Have you tried sepaking to the Football club directly. Especially PR person.

I'm fairly sure it would not do them any good to have a story in the local paper about their discrimination....

zzzzz · 02/02/2011 14:39

This reply has been deleted

Message withdrawn at poster's request.

Original poster

fullstop · 02/02/2011 22:11

You know you guys are really great. I don't contribute often because we're only just crawling by here ourselves! But when I can read in and get a lot of support from that.

I'm afraid I have to right off the catholic school or our local priest to give us support on this one - we're in London so its pretty much dog eat dog down here.

I think we have rocked a few boats with our calls to different agencies mainly to LEA offices and Autistic Outreach Services. Also we have requested their policy in terms of Equality and asked to see what the agreement is with the school in terms of providing access to after-school clubs for children with special needs. We have also quoted his rights under the Equality Act 2010. Low and Behold ..... the guy in charge of disability with the football club community trust (the ones who run the afterschool footie) is going to come down observe our little boy over three weeks and then we will have a meeting together!

This should have been the correct precedure in the first place rather than telling me in the playground in front of my children that this was not the right environment for him! If I was any less a person I might have just accepted it and not let him go back to football but that wouldn't be fair on our little boy or any child who is being discriminated against because of Special Needs.

To be honest I'm pretty rubbish at these meetings - I'm not a lawyer, I'm not a Special Needs expert and neither am I very good at being diplomatic and articulate at these meetings! In fact I just want to clobber them!! Our Parent Partnership person just sits and looks sympathic and the NAS pass me on to yet another helpline!!

Anyway rant rant ...... going to bed with a book to clear my head!

Thanks a million and nighty night

OP posts:

CameronCook · 03/02/2011 21:31

Well done fullstop - whenever I start ruffling feathers I tell myself that I'm not doing it for me, I'm doing it for my DCs and the DCs of other people who are unable to do it, and actually all I'm ever doing is getting people to do the job that they should have been doing in the first place instead of fobbing me off.

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