Are private schools allowed to discriminate against disabled pupils?

[avoidthelightsiftheyreatrain]

Basic question: can private schools refuse to take someone with extreme SEN, so different from their usual intake? Does the DDA apply to private schools?

Long story short(ish) : ds is due to start mainstream high school in September. He has autism, ADHD and a few other things. He has a full-time Statement, covering every hour of the day, and some SALT/ OT/ other agencies supporting. He is borderline for mainstream and it has been a struggle to keep him in mainstream primary at times, due to his extreme behaviour. He can be very violent, though this has lessened (maybe once a month now), and is usually due to pupils or teachers handling things in a way that angers or stresses him.

We have chosen the local mainstream high school as all his friends are due to go there; it is also the best local high school in terms of experience with autism. However, it has a zero tolerance policy for violence and the head is also being unhelpful about training staff on autism in advance of him starting (this is a requirement in the Statement but he's not going with it). I forsee big problems, as any change sends him into anxiety/ violence mode.

Because of this, I need a Plan B. My Plan B up till now has been a private special school, an hour away. It is about £80,000 a year and would also require transport and an escort. The LA are, understandably, keen to avoid this expenditure and so have kept the Statement fairly generous in terms of hours. It would be a battle to get them to pay for this but very doable if mainstream failed because there is literally nothing locally for a very bright but behaviourally severe autistic child.

However, ds's psych (who is a star sent from someone kind) has told me that Plan B wouldn't actually be very good for ds. She says it's not really primarily for children with autism, although some pupils have autism, and other pupils that they take would not be good peers for ds. We talked through all the options that I had already discarded and she has suggested looking at two local mainstream private schools, who have small class sizes and good pastoral care. She wonders if this would perhaps be enough to keep him calm and, from LA point of view, much cheaper than my official Plan B. LA have paid school fees in similar cases, but none of those kids had such extreme behaviour.

So, I will go and see all the options, but can the private schools refuse to take someone with such extreme SEN, so different from their usual intake? Does the DDA apply to private schools?

Have you been to see the SS that you originally wanted? What did they say?

They can't refuse to take him because of his SEN, but they can refuse to take him based on their inability to meet his needs.

That might look like the same bloody thing but that's how it is

Nope, because all energy is currently being put into making mainstream work and, initially, it was a bit of a bluff to make LA maintain a decent Statement for mainstream (the suggestion of the school at all - you know, £80k+ vs £20k). Plus, I was worried that, if I went to see it, I'd like it too much to let ds go to mainstream and he's desperate to go to the mainstream high school. But I really really trust ds's psych and her experiences of the school do fit with what is in the prospectus and OFSTED report . It's not really an ASD school so much as an EBD school with some ASD pupils, iyswim.

x-posted, sorry, that was to cornsilkity.

Star, how can they tell if they can meet his needs without trying?

Can she suggest any private schools herself?

Yes, she has: two small private schools. She has had good experiences of them with patients, but they were not so extreme behaviourally as ds.

Well they can look at his statement and reports etc. . They can also imply that the 'cohort' would not be appropriate, or that he doesn't fit with their published ethos or admittance criteria.

That doesn't mean they would though. You'd have to approach them to see and your advantage is that lots of private schools are struggling for money ATM.

You could go to see the school without him and speak to the staff, then at least you'd have a better idea and could rule it out or otherwise. He doesn't need to know at this point.

Yep, I need to, don't I. But I trust the psych implicitly and I have to assume that she is probably right and that I need to be looking at other Plan Bs.

she may well be right but at least you can draw a line under it yourself.

Oh blimey avoid. It is no mean task searching for the right school........... where abouts in the country are you. I've seen a good number for some time. Some I have discounted due to distance but they might be worth your investigating, - and others I wasn't really looking at secondary level but still got an 'impression' iyswim. Happy to help if you are in the region-ish.

Private schools can be, and often are, selective on all sorts of grounds, many fo which are never divulged. tbh their attitude towards how accommodating they might be will tell you volumes. There is little point invoking DDA etc to get him in if all that does is cause resentment and issues further down the line.

We were advsied to avoid EBD school like the plague! ASD children learn by copying and you certainly don't want them copying EBD behaviour. So I would definitely avoid.

You'll need to work fast to get any non-maintained placement this autumn - timescales-wise.

I very much doubt you'd be able to persuade the LA to pay fora a private school that is not a specialist ASD private school. They'll argue that the school doesn't provide anything that could not be met in their maintained mainstream schools.

The private school is bound by the DDA - just as everything is in this country. They could refuse to admit on grounds of unsuitability or inability to deliver the support that's required. If they don't want to admit they'll find watertight reasons for doing so, as Star said. Also, they will have an absolute zero policy on violence and will not be reluctant or unable to expel as they are not bound by the same exclusion policies as maintained schools.

A good Plan B would be an autistic base attached to a mainstream - even if it means travelling. Alternatively a specialist ASD independant - again with travelling or possibly weekday boarding. In my county they taxi children 28 miles each day each way to good independant ASD school.

In my search for mainstream inclusive private schools I found some of the religious schools (particularly the Christian-type ones) to be better, for two reasons.

1. They believe that they believe in inclusion for all
2. They already have pretty good discipline and behavioural strategies implemented.

I agree with wet august about EBD schools.

I went to see independent SS schools that were within driving distance. The one we chose was luckily fairly near. One school was a good distance away, but they said that our LEA taxied a fair few children in despite that. I
actually didn't expect to like the school that we chose - someone who knew about ds's difficulties recommended it and I was reluctant to visit. I was so wrong - it's perfect. The school I had thought may suit him would have been a disaster

I'm miles away from you, star. Much nearer to cornsilk- please will you pm me the school names? Will come back later when not on phone. Thanks for all ideas

have pmed you

You've all made points that I know are true thank you all for your honesty.

I know that the LA have paid for other similar children to go to these schools, but they weren't so extreme behaviourally.

Closest ASD base in mainstream is across in another county with vvvv limited places; nobody from my borough has ever got in there as they have enough demand in their own county.

There are no private schools, even boarding, within 2 hours' drive. I have checked and checked this and we're just in the wrong area. I will have a look at religious schools, star, but I don't think I'll have missed anything like that, as I wouldn't have discounted religious schools the first time around.

cornsilk thank you, have PMd back

Wet, I don't want it for this September; I suppose I want to know a school in the back of my head for when if mainstream chuck him out.

Liz and merlincat I know that you're right and that I need goodwill from a school, not legal fights!

We could move...but then we lose all the support that we have and I really really don't want to do that.

All feels pretty crap right now but thank you all for your support.

zzzz he'll have the 1:1 support, whatever school he goes to (unless it's a special school) but outside agency support is mostly withdrawn if you go private here. Some exceptions but you need to push.

Pipinjo the problem is that nothing unit-y exists here, or within 1.5 hours of here; ditto for specialist independents.

Psych is definitely one of the good guys and has stuck her neck out a lot for us - she's not saying no to £80k school because of cost - genuinely believe that and have known her nearly 6 years.

High School A has resources but is being awkward. DS might make it but might not. SEN solicitor is good idea, but, in the meantime, I am going to see a school next week that is one of the ones DS's psych has suggested.

Independent, supposedly mainstream but is not selective and has a big SN intake - mostly 'milder' SEN than DS's, but some not far off in terms of core needs.

Will have to see what they say - have appointment with headteacher.

Nervous...!

School A is the mainstream high school where all his friends are going. Officially, he's going there. They're not keen though and it's a very big school.

Yep, LEA get hammered for independent school fees. Not completely their fault: they have tried to get m/s schools to have ASD units but all the heads are scared their school will get a 'naughty kid' rep so nobody would go for it.

I would probably win a Tribunal for the 80k school but now don't think I want it! Need to actually go and see it though.

Did go and see that school that was one of the psych's recommendations this week. Really liked it. Relatively cheap - would look like bargain to LA - as annual fees are £10k instead of £80+, with no need for transport. It is allegedly a mainstream independent, but it's really not - takes children with various specific learning difficulties, with about 10% of the school on the autistic spectrum. Classes are tiny - most GCSE classes have maximum of 8. Head and SENCO really positive and weren't put off by the Statement of Doom.

Problem is, they want him to go in for an assessment day and he would freak as he's so keen on School A. Plus, he'd need his TA to go with him (school said that, not me) and I don't want school/ LA people to know we're considering this school. Suits my purposes more for them to think uber-pricey school is the Plan B. Need to think about next steps while still pushing School A to get their arses in gear and prepare for September as (barring any major changes) that is where he is going, hopefully for 5 years. Backup would not be used except in extreme circumstances.