Is this legal?

[OxyMoron]

My dd has just started in reception. She has a chronic medical condition. Included in her treatment is a rescue drug in case she loses consciousness or has a seizure (this is not likely to happen, but is a possible side effect of her treatment).

The LA have a blanket ban on giving this treament (it is not risky, there is no chance of overdose when using the rescue drug).

This strikes me as discriminatory as children who need other emergency treatment are allowed it, but any child with her disease is not.

The local hospital team are inconsiistent on this matter. The treatment is recommended by them as the safest option at home and they advise it should be given immediately, but they say is not necessary in schools. They go against national & international evidence based guidelines, and there is a clause in UK law saying anyone can give this drug if it is for the purpose of saving a life.

Dd is cared for by a hospital team outside of our local area. They are happy to train her school carers, and the TAs want to learn, but the LA have banned the TAs from attending the training.

Is the LAs blanket ban legal?

I don't think it can be - has the school nurse drawn up a formal care plan?
What does it suggest? Is the alternative solution to this drug being administered as safe? Does this mean you don't feel safe in allowing DD to attend school at all ?(I'd personally be home edding just in case I couldn't get into school on time in an emergency).

If she doesn't have a care plan - then that's a law breaking offence right there.

This is a MAJOR barrier to her recieving an education in a safe environment - which is her legal right. That's why some children have epipens in school for nut allergies - can't see any difference myself.

Letter copied to the HT, SENCO, Head of SEN Governors, SS, Head of LA Children's services, MP and anyone else you can think of. Make sure it formally states that it effectively means that DD is being illegally excluded from the school environment as the blanket ban makes it a life threatening environment for her to be in. It also goes against medical advice and evidence.

I am not sure about the legality either but to me it sounds wrong.
I agree with bochead. It sounds like discrimination against a medical condition.
How can they ban a safe and prescribed treatment that the NHS will train the staff in?
I also think that you are going to have to make a BIG fuss to get the right people to take notice - so LEA - chief exec, head of childrens service, head of Educational services, MP, local papers perhaps?

She does have a care plan, it's currently being updated to cover the new school year.
The alternative is to call an ambulance and wait for paramedics (or parents) to turn up & treat.
Should there be no one available to treat the possibilities are:

1. Spontaneous recovery
2. Coma
3. Permanent brain injury
4. Death

(These are small possibilities, but possibilities nevertheless.)

It would seem that you need to get the hospital who cares for your daughter to liaise with school nursing team to have this treatment put on her care plan, then you can work on forcing the LA to accept the treatment. If this ban common in other local authorities? What are the objections to the treatment?

I think basically the objection is that it involves a needle, and can't be done by autoinjector. But they're allowed to inject insulin with a needle, so it doesn't make much sense.

Having a blanket policy means the LA are unlawfully fettering their discretion; which is a ground for judicial review (please note I am not saying you have grounds just that it is a potential ground). I would suggest that you make a formal complaint on the basis that they are fettering their discretion and ask them to look at your daughter's case on an individual basis, and tell them that you will fell their behaviour amounts to maladministration and you will consider following the complaint through to Ombudsman if necesary. (I work for an LA and that would make us respond sharpish.)