Q:
Leaving Section I blank
Child on roll at mainstream. Emergency Review taking place so an amended Draft Plan has been sent to me. Can my child remain on roll at current school if Section I remains blank whilst the LA consult with schools? NB my child is being educated off-site as the school is named on the EHCP but the school do not want my child on their premises. They excluded my child (unlawfully) which has been rescinded as we said we would leave if they rescinded it. Child had chosen GCSE Options and was due to start them Sept 2024 :( As my child as an EHCP a 'managed move' wasn't possible. I'm absolutely broken and so is my child.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 30 Jul 2024
-
Other
Simple
Too fact specific, I can't generalise.:
DW,
You have investigated various possibilities for schools, which is clearly a positive step.
It is not clear to me why your son has to leave his current setting unless you requested his departure. From what you describe, one might consider whether he has been excluded and if this exclusion was related to his disability. In such a case, you may wish to explore, depending on the facts of course, a claim of disability discrimination to the First-tier Tribunal.
Regarding schools, there is no such thing as "specialist schools." There are mainstream schools and special schools. Mainstream schools are typically maintained schools or academies. Special schools can be maintained schools, academies, or independent schools. Private schools generally follow a mainstream model but are not technically mainstream schools.
Concerning your choices, the issue about the shirt is a little concerning. If your child's inability to tolerate wearing a tucked-in shirt relates to his disability, perhaps a reasonable adjustment might be made to relax that rule in his case.
Mainstream schools can only refuse a placement if the child’s presence would be incompatible with the efficient education of the other children they are educated with and if no reasonable steps can be taken to remove the incompatibility. Suitability and costs are not prohibiting factors when determining mainstream education is appropriate.
For information on obtaining a placement in a special school, I refer you to this answer:
https://supportsendkids.org/question/1721831493337
If you would like to know more about the process of obtaining a mainstream placement, please don’t hesitate to ask, as this is an area that is often misunderstood. I am happy to speak further about this disability issues if it would assist, subject to the constraints of this forum.
Sean Kennedy.
Sean Kennedy
Talem Law
|
Comment