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Can the school do this?

11 replies

PumpkinP · 26/11/2019 10:24

Dd age 8 has autism and is in a mainstream primary school. It’s been made aware to me that her class is doing swimming lessons but dd has been purposely left out (this has been confirmed by the school) I thought swimming lessons were compulsory so can they stop her? According to the senco she doesn’t want to discuss my daughter doing them until we have an early annual review, so they didn’t tell me the whole class was doing it whilst dd is left at school.

OP posts:
Ellie56 · 26/11/2019 12:43

No they are not allowed to do this. Autism is classed as a disability under the Equality Act 2010 and schools are legally required to make reasonable adjustments for a disabled pupil to take part in all aspects of school life.

Excluding your daughter from swimming is disability discrimination. It is not acceptable to wait until the Annual Review to discuss it. The school needs to get their act together and think what they are going to do so your daughter can join in next week or whenever the next swimming lesson is.

An example of a reasonable adjustment could be having a member of staff to go into the water with her.

Ellie56 · 26/11/2019 12:45

Information here:
www.ipsea.org.uk/what-is-disability-discrimination

PumpkinP · 26/11/2019 12:46

She has a 1:1 who has said she will go in with her but even then the senco won’t allow it until the review, I just don’t know what to do as she is upset being left at school to do work whilst her class go swimming. I feel like I am not being listened to.

OP posts:
Ellie56 · 26/11/2019 12:55

This is outrageous. Your poor child.I would arrange a meeting with the HT asap and complain about DD being discriminated against (make sure you use the phrases disability discrimination and reasonable adjustments) and also that she is upset about being left behind.

Have you any idea why the SENCO "won't allow it"? Hmm

PumpkinP · 26/11/2019 13:02

The senco is using dds behaviour from September as the reason, yes dd did have some behavioural issues when starting back at the school after the summer holidays but that was also down to the fact they had changed her 1:1 who she has always been with rather suddenly and abruptly with no transition. This caused her to lash out and be unsettled, but her behaviour has consistently improved since then and she has settled down. The way I see it is she wouldn’t exclude her from maths or English so why swimming lessons? I get they are fun for children but they are also compulsory. I feel the senco is trying to off roll her.

OP posts:
Ellie56 · 26/11/2019 13:32

Sudden changes were bound to result in behaviour issues. It doesn't sound like the SENCO has any understanding of autism at all. If DD has settled down now (and let's face it, it's now nearly three months since the beginning of term) and the 1:1 is happy to go in the water with her I can't see that they have a leg to stand on.

I assume your daughter has been swimming before and would know what to expect?

danni0509 · 26/11/2019 13:52

I had this last year with ds. I was quite shocked as ds school are really good usually.

He was in nappies and they said for hygiene purposes he couldn't use the pool.

I said he can wear a swim nappy? They said no. I did express I wasn't happy with this..

This year he doesn't wear nappies and he's been allowed to take part, his 1-1 gets in the pool with him and it's all planned to precision and he's been getting on fine.

I later found out that they do Saturday morning swim school for babies at ds school so obviously they wear swim nappies, I quietly seethed at home but didn't say anything and took him swimming on a weekend to make up for him not being able to use the school pool at the time.

Behaviour shouldn't be the reason though! Ds is a terror but that wouldn't be a reason for them to exclude it was just literally because of the nappies.

It's not right!

Ellie56 · 26/11/2019 13:56

Sounds like your son was discriminated against too danni. It's not acceptable.

PumpkinP · 26/11/2019 15:02

Oh wow that’s bad. Dd isn’t in nappies but I could see them using that as an excuse! That’s definitely unacceptable.

We have been swimming in the past but as I’m a lone parent to 4 it’s not often as it’s hard to with the ratio I need to make sure I have the correct number of people with me, she’s really enjoyed it in the past so it’s upsetting to know she’s missing out. I only found out as she came out of the school in tears begging
Me to take her to the local swimming pool as all the kids in her class go! How can they do that to a child Angry that’s when I asked the school about it and the senco confirmed it all! I think she was truly hoping I wouldn’t find out as dd has limited receptive communication but this had got to her so much.

OP posts:
Ellie56 · 26/11/2019 15:18

I only found out as she came out of the school in tears begging Sad That is so sad OP.Your poor little girl.

Are you going to kick up a fuss and insist she goes next week? You have the law on your side.

cansu · 26/11/2019 17:15

This is really not on. You need to ask them why they feel she should not take part and what adjustments they are going to make to enable her to do so. It is ridiculous that they haven't even had a conversation with you about this. I would imagine that having a member of staff allocated to her and maybe a social story about what will happen on the trip should be a good starting point.

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