My child is being turned down by all the independent schools we are applying to based on his recently diagnosed dyslexia - does this contravene the disability act?

My child recently had neurodiversity screeners by a charity. They provide reports but not diagnosis and suggested his had strong signs of dyslexia and possibly ADHD. He is year 6 and due to go to year 7 in a few months time. We have applied to 3 non academically selective independent schools and they have all turned our application down. The first which is supposed to have good provision for dyslexia, turned him down on the basis of the report saying they couldn't support his type of adhd. They hadn't even met him, he doesn't have a diagnosis for ADHD and certainly there was no mention of a type. We are wondering now whether he actually has adhd or whether we were just going through a tricky developmental stage at the point of the screener. I've tried to get an ADHD private diagnosis since to rule it in or out but no providers have come back to me. I'm not happy for him to be turned down over something that is not diagnosed. We have managed to get a private dylexia diagnosis since. It confirmed his dyslexia. He scored significantly low for literacy but average in other areas and particularly high in others (98th percentile in one particular test). The conclusion was he can still be successful academically (particularly in STEM) provided his dyslexia is supported. Since then our last 2 independent school options have said they cannot support his dysexia requirements. I am told he does not qualify for an EHCP and as far as i can see the dyslexia recommendations are standard. 25% more time, pre-teaching, some small group dyslexia support and speech to text tech. All of which is supposed to be available at the last school in particular that has a specialist learning facility. Are they discriminating or can they just get away with saying they can't support him and he won't be able to keep up with his cohort?

Does my child with no diagnoses' have the right to stay in her school & not be sent to another school for a 'few days' after melt downs

It was aggreed at a meeting that my daughter has an undiagnosed SEN. They have put in alot of support for her while at school, but when her behaviour escalates she will be sent to another school, where she is told that, she is a naughty child & is not allowed to associate with the other students

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.

Tribunal: do I point out school has verbally confirmed they can't meet need?

I have lodged a refusal to issue appeal. School has admitted verbally they can't make the recommended provision in the summary of assessment report but seem unwilling to put this in writing. I think this is because if they admit they can't make provision that is (according to the LA) 'ordinarily available', they look bad. The evidence they have provided is really sloppy. Do I argue this at tribunal? Or, do I argue they've made best endeavours but still can't meet need? Child is ASD, EBSNA and new independent reports support that she needs a specialist placement. Thanks.

Can you go to judicial review and to first tier tribunal?

Should a school representitive attend a mediation meeting, in an appeal for refusal to asses twice

Im finding it hard to understand the process. I am appealing refusal to assess twice for an EHCP. My son yr5.
my son been on the waiting list for assessments for 3 years, so no official diagnosis.
I have sent in the appeal and all the documentation apart from the mediation letter, although had made contact within the time frame. So now appeal has not proceeded until i get that letter or have meeting.
Since - i have spoken with mediation services and agreed to have a mediation meeting with LA.
An appointment has been given. They have asked for a school representative to attend.
I now need to understand . how to respond and proceed, esp if im not happy with the school. Its all very confusing.
It would be great to be able to speak to someone about the whole process and how to proceed.

is it true I cannot proceed with an Appeal without a mediation certificate.?

I logged an appeal for a refusal to assess twice for an EHCP. i appealed with all the documentation apart from the mediation cert, although i had requested one within the allowed time frame, it had not arrived. Now Ive been asked do i want a mediation meeting? I have agreed , but now it appears i cant do both have an mediation meeting and Appeal to a trbunal. So what do i do ?

Can the LA refuse to attend a dissagreement resolution meeting and / or mediation prior to Tribunal?

I'm working with a family who were thinking of cancelling their Tribunal (luckily they haven't). They have been offered a Disagreement Resolution meeting by the mediation service. I am unsure if this is the same as formal mediation? Having waited 4 weeks for a meeting date the mediation service has responded as per below. I am at a loss as to what to advise further to the family now. Is there no statutory duty for the LA to attend either disagreement resolution and / or mediation?

After contacting your Local Authority, we have now received a response from them to your voluntary Disagreement Resolution request. On this occasion, your LA has, unfortunately, declined to participate in this meeting.

We are therefore closing this case. This does not preclude the possibility of the LA contacting you directly to attempt to resolve the problem. If we subsequently receive a response from your Local Authority, we will contact you to discuss further.

You may wish to consult your SEND Tribunal about your alternative options for proceeding with your Disagreement Resolution request.

Is my child entitled to free transport to a psychiatric day unit for health care and education?

My child has ASD and anorexia. He was Sectioned under the MHA but subsequently the Section was lifted. He will be discharged from psychiatric in-patient services this week.

Going forward, he is to attend day-patient after care services for 12 weeks. This is where he will receive his health care and education between 9am-5pm. Treatment is for anorexia and therapy for ASD. School lessons are also conducted on site due to the inability for them to currently attend their mainstream school.

The day care unit is 1 hour drive from our house, requiring 4 hours driving a day, back and forth, for drop off and pick up.

Under the 117 Act or any other provision, is there a legal obligation for social services or health to provide transport to and from home and the day care?

At the moment, both social services and health are saying that it is either not their responsibility, or that they have no budget.

Patient Transport Services have also refused to help due to the unit not being on their list of addresses to deliver too.

As parents, we are unable to transport due to work commitments and requirements to care for our other children and caring for a sick parent.

Thank you.

If YP is in specialist residential placement and is looking to stay there at post-16 transfer but the LA name the local FE college instead, can the YP continue attending the existing specialist placement until the Appeal process completed or do they have to attend the provision named by the LA in the interim?

Post-16 transfer wish to have continuing placement in specialist residential