Are they right to stop my DGS starting reception because they are autistic?

[GrubbyCubLeader]

In a nutshell, my DGS (twins) will be 5 in December. They have both been diagnosed with ASD. Both are verbal but quite strict with routine and change. Mentally about 2 and a half. DIL applied for, and got, a letter for the local primary school. She received a confirmation letter stating they start school today. She took them along having spent weeks preparing them, to be told that the headteacher hasn't decided whether they are to be deferred to nursery or be admitted to reception, so she was to go home until the head contacted her. Both boys already have EHCPs and DIL doesn't want them to go back to nursery. Can the school do this?
Just to clarify, she had to take the boys for an assessment to see if they were able to cope in mainstream prior to applying. They deemed them capable of coping in mainstream.

That should say she applied, and got, a place not a letter.

Er no. When your dil applied they’d have been sent the ehcp and then would have been able to say if they couldn’t meet need. Very hard to prove. My ds with autism (non verbal) went to mainstream (experience was horrific as school didn’t want us) but his sibling who also has autism attends and it’s fine. Have no meetings been had? If school is named on the ehcp I’m not sure there is much they can do but I’m surprised there haven’t been any transition meetings.

Also, is it an academy or LA school?

It could constitute an illegal exclusion. NAS may be able to advise.

@Alwaysgrey
No meetings at all despite my DIL requesting one. LA school not an academy. Yes the school is named on the ECHP

They have a home visit tomorrow

That is completely illegal. Your daughter should take the children back to school and say if they refuse to accept them she would like the exclusion paperwork so it is official. Also she needs to speak to her caseworker for the EHCP so they are aware about what is happening.

Home visit today. The teacher kept repeating that deferring them would be "in their best interest". They don't have facilities in reception to change them if necessary (they are toilet trained but do have accidents if playing and not prompted) but they do have facilities in nursery, developmentally they are nursery level (we don't think so, they are higher than nursery but lower than reception if that makes sense), they won't be able to access the curriculum etc etc. The teacher was pushing DIL to defer (they are 5 end of November). I didn't think you could defer if they were born before 1st April?. They left it with the headteacher will contact you and let you know our decision 😳

Given their age I don’t think you can defer. Sounds like a bunch of excuses. What support do they have in place? I’d consider seeking advice from Ipsea or your local charity might be able to advise. Each county has a local offer I’d access that to see if they can advise on who to speak to. But I’d be asking for exclusion paperwork each day. Also, do not sign anything to say you’re accepting them not in school. Email the LA especially statutory assessment, email head teacher. Keep everything in writing. I thought my middle dc wouldn’t survive mainstream but they’re in year 5 now and will go to a mainstream high school. Your dil shouldn’t be forced into an option she doesn’t want. With my youngest we wanted him to try mainstream for a year but that wasn’t a good fit. I also knew of a reception child with NO Sen who had accidents. School didn’t have an issue. Lots of kids have the odd accident. The head doesn’t have a choice. They need to have adequate support and be in school.

This all should have been discussed before now. If the school is named on the EHCP they have to accept them even if don't feel they can meet need. If the twins struggle then an annual review should be called to discuss changes to the plan. Which LA are you with?

@Eurovision Cambridgeshire
@Alwaysgrey what is IPSEA?

It’s a charity designed to give advice on this.

www.ipsea.org.uk/

Cambridgeshire I’ve not heard great things about (my friend’s has a son who went to school Cambridge and the school weren’t great). We’re south of Cambridge but in Essex and the LA is a bit better.

School are behaving illegally. They would’ve been sent the ehcps on application. The headteacher does not get to decide.

@Alwaysgrey
😪 thank you. Looks like we maybe in for a bit of a fight.

Agree with all the above and at 5 (I think) the LA is responsible for providing a full time education for a child. Agree with contacting IPSEA or SOSSEN. School is named in EHCP, so that is the school. Effectively disability discrimination by the school.

You need a very strongly worded letter to your head teacher stating that they need to make reasonable adjustments. I’d also have a look at the equalities act and quote that at them. I’d also speak to the council who issued your ehcp. That school are refusing the twins entry. In their ehcps does it state any 1:1?

They have 15 hours support a week each. DIL says she will phone SOSSEN and Ipsea on Monday. 🤞🏼 the school are trying it on trying to make life easier for themselves hoping DS and DIL will back down because they are young. Thanks everyone. I'll keep you posted 😁

If that’s what is written in the ehcp they’re stealing money from the council. I’d definitely speak to statutory assessment at the council and inform them of the situation. Ours were useless as it was an academy school but they refused my ds entry, sent him home constantly (he was allowed to attend 45 minutes a day so how they expected him to settle I don’t know). We went to court for discrimination. Sadly I’ve found with schools like this it can be worse if they don’t want the child as the child never gets a chance to succeed because of an environment that doesn’t want to support them. Good luck to you all.

I agree this is disability discrimination and the school is legally required to make reasonable adjustments.

Before the school is named on the EHCP the LA has to consult.The time to say they couldn't meet needs was at the point of consultation, not now.

Your grandchildren have a right to attend school just like any other children. Info here:

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

And they are not allowed to exclude because of toileting issues either.

www.eric.org.uk/help-at-school-faqs

Thank you Alwaysgrey. Sounds as though trying to get them in another school may be better than a school that doesn't want them. Won't give up though x

No don’t give up. Schools should not be able to just decide they don’t want students. It’s disgraceful. We found with our school they were very nice even when they were breaking the law. Let them know you won’t be messed with.

🥊ready 😁

I'm not near but have dealt with similar situations. I can make phone calls which can sometimes be enough to stop schools breaking the law. DM me if you think I might be of some use.

@Eurovision Thank you.