Can schools refuse to take back Y1 child with SEN when they return?

[mokeymokey]

I have a child with ASD/ADHD and was wondering, with potential social distancing and changes to school life, if schools can legally refuse to take the child back or exclude them if they exhibit challenging behaviour due to not being able to cope with situations that may occur in the classroom.

www.ipsea.org.uk/pages/category/exclusion-from-school have a read of this link OP. I would say no they can't as it would be discrimination. They need tomake reasonable adjustments for your childs needs and can't exclude on behaviour they anticipate happening. Does your child have an EHCP?

Schools can refuse to have pupils if a risk assessment concludes they would be safer at home. See here.

Surely that doesnt apply when whole groups go back? I thought that was just for the key workers and children with EHCPs whilst schools are closed to everyone else ?

But whole groups aren't returning. In most schools only a few children will have places.

I presumed the OP was referring to when her child returns to school, either in June for the younger children or September for everyone else (if it all goes to plan). Surely schools cant refuse children once the rest of their year group returns?

The guidance about risk assessments applies to the 31st May and will be reviewed again before 1st June. But, I don't think it will drastically change. Sadly I see pupils with SEND being marginalised even more going forward.

Thank you thats really interesting to know. Yes, it will be the perfect excuse for some schools.

But not all year 1 children will be able to return. Even NT ones. I know many people who know already that their dc don't have a place from 1st June. Certainly special schools are likely to be closed for much longer because of social distancing and risk assessments.

I say this as the parent of a 7 yr old with ASD. This is still the phased return. As long as some NT pupils are being excluded they can also exclude SEND pupils

The other way to look at it though is if the child is struggling with the change of environment that much is sending them back at this point the best thing for them?

I know many parents who have made the decision not to send their child back yet because it would be too far from what they know school to be for them to cope.

It’s a tough decision to make for any parents but all the more so with additional needs added in

Thanks, everyone for your replies. My DS doesn't have an ECHP. He is looking forward to going back as he loves school and he misses his friends. Having to constantly remember to socially distance could be an stressful for him (and most likely all children) but I have no issue with pulling them out if need be.