Disabled Parents

[Infojunkie]

Some of you may know that I have been locked in battle with the SENCO at my son's school. She insists that she is an expert in Autism and knows more about it than I do (I have AS). I find this offensive, particularly as her 'knowledge' consists of complaining that my son (who also has AS and is statemented) is a naughty child who needs to learn obedience. She constantly confuses, frightens and upsets me whenever I go to a meeting.

 

At the moment he is due to have a statement review and I have had to say I can no longer cope with attending meetings that she is present at. However I refuse to be excluded from his review. I have tried (very diplomatically - I had help ) explaining this to the school but they refuse to hold the meeting without her.

 

I have finally got to the point of taking advice from the Disability Rights Commission and have now sent a letter to the governors. I though I would post it here (anonymised version) in case any one else is in a similar position:

 

Dear Sir or Madam,

 

As a disabled parent I am finding it difficult to access meetings about my son. I have difficulty understanding some types of communication and some individuals communicate in these ways more often than others. I have gradually come to realise that it is only meetings at which (SENCO) is present at which I have difficulty understanding what is being said and in being able to express myself as I would wish to. Over a lengthy period I have tried with the help of parent partnership and my support workers to modify my communication style and to ask (SENCO) to modify her style. However, after some 18 months of trying these approaches I am currently left with a situation where whenever I attend a meeting at which (SENCO) is present I have difficulty communicating and understanding. I also then suffer from at least 2-3 weeks of severe depression and anxiety following each and every such meeting no matter how innocuous or uncontroversial its topic. I last attended such a meeting on the _ . Since then I have been unable to attend meetings at school at which (SENCO) would have been present.

 

I have, therefore, asked to be able to attend meetings at school without (SENCO)?s presence. This request has repeatedly been denied. I feel that I am therefore being treated less favourably than a non-disabled parent as I am now in a position where I am unable to be involved in my son?s education without jeopardizing my health.

 

You will be aware of my previous correspondence with (HEAD) on this issue. Having been advised by the Disability Rights Commission I am now writing directly to you as the governors have legal responsibility for this issue under part III of the Disability Discrimination Act 1995.

 

(HEAD) has stated that it is the school?s policy that (SENCO) must be involved in meetings relating to my son?s Special Educational Needs and that the school are not willing for (HEAD) herself or another member of staff to substitute for (SENCO) in these meetings. I am therefore asking you to take a reasonable step to change your policy and allow me to attend meetings about my son without (SENCO)?s presence.

 

The Disability Discrimination Act 1995 Code of Practice on Rights of Access to Goods, Facilities, Services and Premises (paragraph 4.7) requires the school in providing non-educational services (i.e. interacting with disabled parents)

 

�to take reasonable steps to: to change a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to make use of its services�

 

The Code of Practice makes it clear that this is your legal duty

 

�Where a service provider offers services to the public, it has a legal duty to take such steps as it is reasonable for the service provider to have to take in all the circumstances of the case in the situations described below. This duty is referred to in this Code as the duty to make reasonable adjustments.� (paragraph 4.5)

 

I would also bring to your attention the DfES guidance on �What the Disability Discrimination Act (DDA) 1995 means for Schools and LEAs: DfEE Circular 20/99�. In paragraphs 55 & 56, this guidance states

 

�Service providers, including school governing bodies and LEAs, where they provide non educational services, must not discriminate against disabled people by unjustifiably:

 

?

 

? failing to comply with a duty to make reasonable adjustments if that failure has the effect of making it impossible or unreasonably difficult for the disabled person to make use of any such service.

 

56. From 1 October 1999, service providers will have to take reasonable steps to:

 

? change any practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to use a service;�

 

And in paragraph 63 states

 

�it is the Department?s view that the following activities should generally be regarded as non-educational for the purposes of the DDA:

?

 

? services offered to parents, such as governing body meetings to present the annual report;�

 

 

 

If you remain unwilling to change this policy please provide your justification for doing so.

 

Please respond within 10 days.

 

Yours faithfully,

 

 

 

I have found this very hard as I find conflict frightening. I am now trying very hard not to obsess about it for the next 10 days. I hope they will just agree now I won't have to take them to court.

 

I am worried that I should be being more concilliatory and they might be right that I am being unreasonable. But I did try for 18 months and I can't go on getting ill all the time and I won't just go away and accept being totally excluded from decisions about my son's education. What does anyone think? Am I doing the right thing by fighting them on this?

[Helen]

Infojunkie,

 

I don't think that I've heard of a parent taking this form of action before... after reading your post I can totally understand why you have decided to go down this route, you have been treated disgracefully.

 

I hope you manage to resolve this issue soon, good luck, Helen <'>

[bid]

Good for you Infojunkie!!

 

Bid

[nellie]

Infojunkie,

 

That's a brilliant letter, I don't think you are being unreasonable by handing it in.

 

I hope you get everything sorted out, you have put up with this for long enough.

 

Nellie xx

[Infojunkie]

Thanks Bid, Helen and Nellie for the encouragement.

 

I find it really hard to know when to fight and when not to. The woman from Parent Partnership always seems to think that I should talk to them and meet with them, but when I do that they just say all this completely meaningless stuff and don't change a thing.

 

So I am being millitant. But its a bit scary

Edited June 22, 2005 by Infojunkie

[bid]

I spent 10 years 'working with' my son's school

 

It was only when I became militant that he finally got the help he so desperately needed!

 

Bid