Is this discriminatory?

[user1492716806]

Hi all

Just wanted to get thoughts on this as I'm not sure my feelings are coming from a rational place.

My autistic 4 year old started his mainstream school place in September this year. I can categorically say it was the worse decision I could have made. From the outset the school have been ill equipped to handle him and his sensory needs. They just dont have a clue how to engage or motivate him and their feedback has mostly been about how difficult they are finding it to teach him and the impact this is having on the rest of the class. I felt little choice but to search for a specialist school and luckily the Local Authority have agreed. Until a place become available, for now he has to stay where he is.

Anyhow I dropped my son of this morning. He has full time 1 to 1 support and a designated LSA. This was the first time I was invited into the classroom to see him go about his day as they have recently introduced parent-child reading sessions in the morning. I intended to join but had my boisterous 1 year old with me and her presence was causing a bit of a stir for the other kids so I thought it best to go. As I'm about to leave I see the LSA take of my son's school jumper and put on a bright yellow visibility jacket. I had seen him wear this at school before but he and the children were on a lunch break so I assumed the vest was just for his outdoor activities. Having seen what happened this morning however I realise the vest isn't just for outdoors at all. They've basically turned it into his daily uniform. Something just doesn't sit well with me about this. I have no problems accepting my son is autistic and cannot communicate well. I also understand his safety is an issue but should he really be made to wear a vest that differentiates him from his peers so blatantly for 6 hours a day? A big ole "look that's the autistic child we can't cope with and every single child or adult in the school should know he has problems." I find it really upsetting and discriminatory but I'm not entirely sure I should feel like that. Are they simply trying to be hyper vigilant? Given how I feel about their overall incompetence to meet his needs - needs which they said they could happily meet, I am not sure if a high vis vest is just another of their unintentional blunders.

That sounds awful to single out your child. Maybe you should have to chat with the class teacher to understand what their intention is behind him wearing that yellow vest.

As a parent I would find this upsetting and would not be happy. Good luck x

They must have their reasons - ask, then decide if it's fair. It may be for his safety.

If he has an LSA for 32.5hrs a week there is absolutely no need for this. If they feel he needs this because he is otherwise unsafe, then it appears that they aren’t meeting his needs...

It's not something that sits right with me but as another mum of an autistic child I'd say pick your battles. You'll end up exhausted if you take everything on (especially with a 1 year old to look out for as well).

You have an exit strategy, you know they're not coping, maybe this helps them keep a better eye on him in a chaotic environment.

What's all this about waiting for a space to open up at your preffered placement? I think id be focussing energies on getting something a little firmer in place for a transitioned move asap.

Did you ask them why they were putting this on him ?
If his needs are so significant as to qualify him for a full time 1:1 assistant, I can only assume he wouldn't be away from an adult anyway, so why would they do this ?

I've written to the head of SENCO and no response. I asked his TA why he needs a high vis vest indoors. She said its normally at lunch time for him and another ASD child so they can spot them easily in a crowd. Makes no sense. She sits with him at lunchtime so no need. I asked her why she had put it on him in the morning then. She made up a story about my son actively searching for it and wanting to put it on. Bullshit. My son barely notices the need to have clothes on much less demand a yellow vis. I told her I wasnt comfortable with it and compromised on him having it outdoors only. He has a propensity to run off and not listen so I can understand why being easily identifiable is important but even when I think about it, hes hardly in danger in a contained reception playground. Also I think I'm more gelled by the idea that they didn't think to run this past me in the first place.

The safety intentions are valid but they are totally misguided thinking that all children with adequate support systems in place with TAs need standing out in big neon lights.

I've found my son a specialist school now so I would hope he is actually made to feel part of his cohort and not needed to be singled out.

It's very hard.

I totally agree that they shouldn't be segregating your son because of his disability. By that I mean making him different.

But I also know that the hi vis can be a safety element and maybe would benefit your ds.

They should however have carried out a risk assessment and discussed that with you if they needed to do things differently with him than his peers.

Even with 1:1 the child can bolt. My ds could even when holding his hand! He could be quick! In a crowded playground of children all dressed the same I can see why the hi vis would help them identify and retrieve him before he came to harm. Specially if he's likely to jump a fence. (They should however long term be looking to up security if he did this but they won't if he's leaving).

I think you've handled it very well. You challenged politely and effectively and compromised. If you decide you don't wish him to wear it there is a case law example (sorry can't remember it to link but I'm sure google will find it!) where a school was found to be in the wrong for putting a child in a hi vis jacket.

It really doesn't sit well with me. He has 1:1 support - he shouldn't need it.

I've worked in a school where ALL the Reception children wore hi-vis vests for about the first half term, so they could always be easily identified when out on the playground, but that's completely different. It was all of them, and no-one was being singled out.

Nope sorry totally wrong and horrible of the school to single him out like that. So glad you moved him x

There are numerous articles about autistic children being made to wear hi vis at primary. Several of these articles mention legal action on grounds of discrimination. I would certainly not like it if my autistic kid was dressed in hi vis. I would send an email into school asking them to stop the practise immediately.

Yes, it's definitely discrimination. Write to the school to complain formally; also warn them that, unless it stops, you will have to take them to disability discrimination tribunal.