toileting in school

[Erika]

can anyone give advise regarding legislation on a schools sen policy regarding toileting.

Or are there any succesful routes on supporting a child with Aspergers who still wears nappies in primary school, are the school under the various acts suppose to be supporting the child with toileting issues, my son attends primary on a part time basis due to this, excluded from trips out school meals etc the school say they are supporting my son under SAP but this does not cover his toileting needs, they will not accept that his toileting needs are part of his disability (although i hate to call it that) the DDA state that the school can get away with it as it falls under their SEN code of practice, i feel that he is discriminated against due to his toileting needs, where do i go from here? i am at the moment applying for an assessment. can anyone shed light on this or assist me in my quest for support for my son? thanks Erika

[purplehaze]

You should take this up with your LEA ask to look at their toilet inclusion policy.

 

As far as I am aware under the Criteria for primary school admissions it is not acceptable to offer a child a different placement to another child because they are not toilet trained. For instance, if the normal placement is fulltime then a child should not be offered a reduced placement for this reason alone. If a child is not toilet trained because of a disability his/her rights to inclusion should be additionally supported by the SEN and Disability Act and the Disability Discrimination Act. See also Disability Rights Commission: Code of Practice for Schools.

 

This is not on fight it, goodluck X

[Kathryn]

Hi Erika,

 

You might find the guidance below helpful. Page 2 has some useful information about continence and the DDA.

 

http://www.surestart.gov.uk/_doc/P0001663.DOC

 

It's unlawful for them not to make reasonable adjustments for your son and you may be able to bring a disability discrimination claim against the school. The link below will take you through the steps to follow, and where to get help if you want to go down this route.

 

http://www.ipsea.org.uk/dd-help.htm

 

Hope this helps

 

K x

[pumpkinpie]

I would be writing to the head and the school governors, coy to lea and point out that they are discriminating aganst your son. I think they will change ther view very quickly. He should not be being disadvantaged like this - I think they are on rocky ground f you challenge them

[Erika]

I have been in touch with DDA, they say schools are not obliged ! Due to the SEN which overides the DDA.

 

What I need is a piece of legislation that states that my son must be educated no matter his toileting issues.

 

Has any one used other legislation to "twist" the arm of their LEA ?

 

From what I understand the school "should" employ someone to come in to change his nappies, but the word "should" is not the same as must and the school my son goes to they need MUST or they close their eyes to it.

 

Thank you for your help and the links, we will continue the search.

 

Erika

[justamum]

Oh I know that one one a different issue the, OT recommended means the school doesn't have to do it and won't! Why does it always have to come down to playing with words and not what is in the child's best interest?

[cmuir]

Hi

 

This link may be useful:

 

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=143

 

Best wishes

 

Caroline

[Kathryn]

I have been in touch with DDA, they say schools are not obliged ! Due to the SEN which overides the DDA.

 

??

 

The SEN framework and the DDA are not mutually exclusive - it's still illegal to discriminate against children with SEN.

 

Just to clarify what I think they're saying - re schools not being obliged to deal with toilet needs - I think there's some confusion here arising from dispute over whether toileting is something a school could be reasonably expected to provide, or an additional service. Schools are obliged to make reasonable adjustments for a child under the DDA, but this does not extend to the provision of "auxiliary aids and services", which should be provided via the SEN framework, i.e. the statementing process. In other words they are saying the school could not be called to account under the DDA for failure to provide someone to help your son with toileting. However that doesn't mean that your son's needs cannot be met. The LEA has a duty to do this via the SEN (i.e.statementing) process, according to the Education act 1996.

 

The next step is to establish that your son's toileting requirements are a special educational need requiring special educational provision, eg help with changing, and to get this provision written into part 3 of the statement which you will hopefully get. You can then clobber the LEA if they fail to provide for this. You can still clobber the school under the DDA if your son is excluded from school trips and other activities because of his toilet needs, which arise from his disability. But to get support in place in school for your son ASAP, it's easier to go down the SEN route.

 

Hope this helps but if it's clear as mud I'm happy to discuss it further via pm. I'll also pm you details shortly of a high court appeal against a tribunal decision which dealt with a similar issue and is relevant to your situation.

 

K x

Edited March 16, 2008 by Kathryn

[Annea]

Sorry have no advice to offer but interested as we have some continence problems with our youngest daughter. We have been told that it's nothing to do with the school. So thanks to those links above, maybe I can utilize some of the info too....

 

Good luck with your problems Erika.

 

Anne x