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Is it discrimination under Equality Act 2010? and is this considered a safeguarding issue?
Son is a full time wheelchair user (unable to stand or crawl) year 3 at mainstream village school. There were adaptions needed to access the top playground (keystage 2) and a ramp was put in last year.
On the 17th May, he suddenly said children were allowed to play on the grass bank alongside the playground (this is quite steep and the kids often roll down it). My son described how he felt sad and lonely as all he could do was sit and watch his friends. We explained this to the headteacher who at first defensively said:
1) No children are allowed on the bank, shortly after 2) The children are only allowed on the bank when i'm there 3) Then 10 minutes later, advised there were no rules about the bank. When further talks were had she advised she cant stop the kids going on as its the 'shaded area'.
My son told her how he felt and she said to him whilst I was sitting there "Its really fun going on the bank, that's why the children want to go on there, but they'll move onto something again soon."
We had asked if there could be rules applied that limited 2 houses (school are divided into 4 houses) on the bank at any one time. This would ensure that our son had some friends down on the playground with him at all times. No further communication from the head. We had also questioned why our sons 1-1 had not seen him alone and offered support, but this was not addressed.
On the 5th July, our son was upset again as he was made to feel this way again. When we questioned why this had not been addressed or rules put in place, we were told the Senco was meeting with the School Council (made up of children aged 8-10 years) the following week to decide the rules.
The rules they came back with is that each classroom/year group of 30 children are allowcated 2 x 30 minutes sessions at lunch on certain days.
We said that this per class (only one class per year at school) will make our son feel even more isolated from his peers.
We raised a complaint and have been told its not under the Equality Act 2010 as its a physical feature - but we are not asking them to flatten it, but just make reasonable adjustment to their rules/policies.
Also stated its not a safe guarding issue - surely if it is having an effect on our sons Mental Health and using the words that the head said to him, it is safeguarding.
We lodged a complaint to the governors whom have sent a really weak reply saying "the head never intended to cause any offence and regrets the vocabulary chosen.
They have looked at the timetables and confident our son receives 1-1 dedicated support. (That's as per his EHCP).
There has been a few things happen previously like everytime our son moves areas, new equipment has been put in the playgrounds from reception and key stage 1. Then when he moved up to this one, they got an accessible grant and the Head wanted to put in 'monkey bars' using the money, my son told us and we were able to speak with school and find something more appropriate but there seems little thought.
Just wanting for the head to take responsibility and show some care.
Any advice would be gratefully received.
Thank you.Lisa Bazin
16 Jul 2024
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Can the LA refuse to make private provision part of Section F of my child's EHCP when I have evidenced the expertise does not exist locally and that it is required clinically?
My child is unable to eat or drink after suffering trauma at birth. A specialist OT intervention has been requested by his consultant but this is not available in our locality. I have exhausted all other options and found a private provider. The intervention must become an integrated part of my son's care to be successful. It must be carried out at school in the same way as at home so I need it to become part of Section F of the EHCP. The LA have agreed to include some of the advice as part of Section G. My child already has statements on his plan in Section F endorsing the need for consistency, routine and stability in all aspects of his learning. Can I use this as legal grounds to make the private intervention part of Section F?
Gill Golden
20 Apr 2024
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where the Parents and the LA have been in Sendist Tribunal for nearly two years , the reports are outdated . The LA have had over 7 extensions of time , Can I appeal this with a JR ?
first tier tribunal but reports outdated by 2 years , no support from health or education during that time
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My son has a terrible EHCP in place (current review at draft stage), but he’s been rejected from a Sen school by LA, and mainstream nursery won’t have him as his EHCP doesn’t reflect his needs - what options do I have?
My son will be 3 in July. His current EHCP reflects very little needs, which is very inaccurate (his paediatrician has written that he needs 1:1 in mainstream, just for context). The LA rejected his school place request at early review quoting the child and families act, but didn’t actually give a reason why. The school we applied for takes from age 3. The LA have said they will consult with the school about looking into the school place April 2025. The mainstream nursery have said they can’t secure extra funding needed to support my son at nursery with his current EHCP as it is, so what options do I have?
I’m very confused if a school take from 3, why we would be rejected now but put forward for consideration next April instead as surely this is based on his current needs?Nicola Hood
17 Apr 2024
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Is it legal for the LA to enrol my child in a school without my knowledge ?
I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.
He was on roll at a primary school till the end of year six but hasn’t attended for four years.
I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.
My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.
I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.
Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.
Thank youLindsey Reinsch
25 Oct 2023
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Year 10 options
Hello,
My son is in year 9 at a mainstream secondary school, however is in a special unit there which they say is a school in between a special school and mainstream. My son is autistic and has speech and language delay. We have been told that for year 10 his options will be level 1 maths and English. I have looked at another school in the area that teaches autistic children and they are offered so much more such as lots of vocational programmes along side there maths and English. Do you think I would be best trying to move him to somewhere that could accommodate him to do that? Would I have a fight on my hands to get the local authority to agree to move him? I am just so worried that he is not being offered more options and the school system is failing him again. Has anyone any positive stories of what their child went on to do?
Thank you in advanceRuby Wright
21 Jan 2024
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Is this omission on ECHP draft legal? What would you advise as the next step?
My son’s EHCP draft arrived with an email stating that “I just want to highlight that as an Occupational Report was not requested at NA2, and xxx had been discharged from their service there is not any OT input in the draft. If a new referral for an OT is made for Ethan and subsequently we receive a report this can be added to his EHCP once it is finalised."
My child (6) has complex needs - a number of different systems involved
Speech disorder - Childhood Apraxia of Speech (CAS)
Physical disorder - Fine motor skills difficulties, gross motor skills difficulties, coordination difficulties - Developmental Coordination Disorder (DCD)
Social communication difficulties - Autism Spectrum Disorder (ASD)
Occupation report was requested at NA2 and request was followed up on 4 separate occasions. NHS OT reports from March 2023 and July 2023 are available. Provision recommendation from private therapist who sees him at school was submitted to ECHNA and acknowledged. Community pediatrician report refers to Occupational therapy need, neurologist report refers to occupational therapy need, Educational psychologist report refers to occupational therapy need and meeting with the private occupational therapist. School submission refers to occupational therapy need, intervention provided by private OT and daily OT activities with a TA at school. Section B states DCD and fine motor difficulties. Other sections in ECHP refer to fine motor difficulties but section E and Section F are empty for Sensory and / or physical: maintaining good health, with outcomes listed as “not stated” and also for Independence and preparation for adulthood.
Where do we stand with this and what should our next be along with notifying that we do not accept the draft?
Thank you. -
My autistic daughter attends a private school, they have said that she can only proceed to year 10 if she does 7 GCSEs. Could this be considered descriminatory if other options to allow her to attempt 8 GCSEs haven't been considered?
My 14 year old daughter is autistic and attends a highly academic all girls private school. She is academically able, but has had a very difficult year 9.
She became very unwell with depression around Christmas, not able to attend school but received treatment and has gradually returned to school. She also had problems with attendance in year 7.
Her school have been brilliant on a day to day basis, allowing her the flexibility to recover and gradually increase attendance in lessons.
However, they have also been actively harmful by not giving her clarity about whether she would be able to remain at the school or progress with the rest of her peer group to year 10. Before the Easter holidays a comment was put in her individual education plan, that on consultation with subject heads that 'A has missed too much content in maths, biology, chemistry and physics to successfully proceed to year 10.' We highlighted that as A's struggles are predominantly social, resitting a year would not be in her best interests.
No specific catch up support was given by school, apart from a textbook and workbooks. She has spent time in the learning support area for self directed learning but has not had specific input beyond a daily check in. She is not currently doing a full timetable as made the decision to prioritise her GCSE subjects as she was aware that she had missed a lot of work. Apart from allowing her flexibility, and timetable reduction, limited reasonable adjustments have been put in place. We have requested that she be observed in school by an external professional (a private psychologist, working within a reputable local private company) to give additional specialist advice but this has been refused by school.
This has made it very hard for her and the stress has impacted on both her ability to attend school as well as study for exams. Despite this she completed and passed exams in the 8 subjects she hoped to take for GCSE. Her results were not at the level she was used to but were not the worst in her year.
A has a descision to issue an EHCP but doesn't have an EP assessment or a draft EHCP. School had suggested that she didn't require an EHCP and that she doesn't require further support.
She would usually take 9 GCSEs but it was suggested that she dropped a modern foreign language so she could have time in learning support. She agreed with this.
Her overall attendance this year was 44% but has increased to between 65-80% (in part due to physical health problems, for which she is now recieving treatment.)
She wishes to attempt 8 GCSEs and if only permitted to take 7 (+ an HPQ, considered half a GCSE if her attendance improves) will undertake an additional GCSE outside of school.
The outcome from school has stated that she can progress to year 10 but will only be permitted to do 7 GCSEs (+ HPQ if attendance increases.) It was noted that she has made good progress but still has gaps in her knowledge and areas to catch up with. No specific plan has been made to support her to catch up with the work she has missed.
It is stated that if her attendance decreases as a reasonable adjustment she will be permitted to do fewer GCSEs.
She is also allowed flexibility if she wishes to do PE, however it is stated this would mean the school would not have evidence for a risk assessment to allow her to attend DofE expeditions.
She was not allowed to attend her DofE practice expedition before Easter - it was offered that if she was driven to the venue she could take part in the first day (if she proved to a teacher she had eaten lunch) but would not be allowed to stay overnight or attend the second day meaning it would not qualify as a practice expedition (even though we offered to stay nearby to collect her if needed.) This was despite a letter from her psychiatrist saying that her mental state had improved and she had no concerns, as well as supporting from a family support worker. A takes part in multiple activities outside school including long hikes (and will do a private DofE expedition in the summer.)
I am concerned that the school is not considering all reasonable adjustments to support my daughter's wellbeing and her desire to do well academically. It feels that although concessions are being made the only real option is to limit her timetable and opportunities without consideration of all other reasonable means to support her. The school has also not acknowledged external advice including from her psychiatrist. I'm also concerned that school is using reasonable adjustments as a threat to try and get her to comply rather than as a way to allow her to overcome the difficulties related to her disability.
Would there be grounds to consider indirect discrimination? I would be keen to remove my daughter from the school, however she is wants to remain there.
I would be keen for her to start a course of 8 GCSEs, with a plan to drop one if it was too much. This is because her health is improving and therefore her attendance is also likely to be better. I feel this would be the least restrictive option as it would be impossible for her to increase the number of GCSEs she takes once the course has started.
I have reviewed the complaints policy but haven't yet put in a formal complaint as I have been told that school are giving concessions so I should not be confrontational.
It is difficult to communicate with school the only opportunity to speak to the team is in formal meetings which are very stressful. I am allowed to email school but it is often a one way communication.
I am autistic and it has taken a long time for school to be open with what will be discussed in meetings before they occur. This has meant that I have become very distressed and unable to participate fully. -
Is it true that ADHD is not considered a disability as far as The Equality Act 2010 is concerned?
This question relates to a case we were told about recently: my 8 year old son was recently given a fixed term exclusion for ‘non-complaint behaviour’, the worst of which seems to have been using the calming fiddle toy we had given him during lessons. He does not have an EHCp but we are looking at that. He has been diagnosed with ADHD but we believe he also has a number of difficulties outside the ADHD diagnostic criteria. We believe this exclusion amounts to disability discrimination. Our first response was to complain to the Academy and eventually a meeting was held which was chaired by the Chair of Governors who claims to have decades of SEND experience. At the start of the meeting, she questioned the legitimacy of our concerns as, as far as she was aware, ADHD was now not considered a disability as far as The Equality Act 2010 is concerned as this is what she had read in a local newspaper.
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Will we get into trouble if my son misses a lesson,paid for by LA
He has been granted education other than at school,so home educating.He sleeps all day sometimes and will miss lessons,what I want to know is where do I stand with local authorities,will they want him back in school,we are both worried this may happen,we are trying to keep his sleeping in check,but he does struggle sometimes.