Academies refuse places to Statemented children

[Sally44]

This is a link to a Guardian article about a number of children who have been refused a parental choice of placement at an Academy because their child has a Statement and it has been argued that placing the child there would be to the detriment of the other pupils.

 

IPSEA are going to make a legal challenge on this and if they win it will set a SEN legal precident which may mean that Academies will find it much harder to refuse such requests for a placement.

 

http://www.guardian.co.uk/education/2012/may/24/academies-refusal-pupils-special-needs

[chris54]

It would be interesting to see the schools admissions policy.

Our local academy school has a standard admissions policy, top of the list are cared for children, followed by children with a statement of SEN. But of course the LA have to agree to name a school on any statement.

[bed32]

I'm sure you'll find that the admissions criteria specifies statemented children with the school named on the statement - so if the school refuses to be named then it doesn't help much.

 

I looked into this a few months ago - it appears that the requirement to take statemented children arises from the contract (funding arrangement) between the academy and the LA - so if that doesn't require them to take statemented children then technically they are probably within their rights to refuse - that is what the case will be all about.

 

It is a shocking situation - especially in the particular case where there appears to be no conceivable reason for them not to accept him

[Special_talent123]

That's interesting because my special school, would of been academy if they had outstanding in all areas

[Sally44]

There is apparently a loophole whereby even if a child has a Statement, and the LA name the parental choice of school [that being an Academy], the Academy can still refuse the placement and there is no "law" currently to work a way out of this. As the LA cannot 'force' the Academy to do anything as they do not fund them.

[LancsLad]

My imediate reaction to the newspaper article was over to you Michael Gove, Secretary of State for Education.

 

I find it interesting that a couple of years back the government was trying to absolve the SoS of having ultimate juristriction over elements such as academies. This notion was fought against and overturned. This article highlights why this was an argument worth fighting for.

 

The question is simple but is one I do not have to answer, do you think these two children have a right to go to an academy school or not? Michael Gove I await your answer, or are you going to hide behind your Whitehall closed door on this one, I wonder.

 

Thanks Sally for the post and bringing it to our attention.

Edited May 31, 2012 by LancsLad

[chris54]

Our LA ultimate aim is for all its school, including special schools, to become academies.

[Sally44]

Well lets just hope that the government's plan does not go like this.

 

LA's write Statements, but have no legal control over whether an Academy accepts the child with their academy named in the placement.

 

Government changes SEN legislation so that Statements [or whatever the new 'one assessment' proposals contain] are not legally binding.

 

Parents and children with SEN and a Statement [or the new SEN equivalent] are now well and truely stuffed, with no legal recourse at all.

 

But I suspect that is how it will go.

 

Interestingly this reporter has a child on the autistic spectrum. He is freelance but has alot of his articles in the Guardian. I think he is worth watching as we will get some good articles and support from him.

Edited May 31, 2012 by Sally44

[LancsLad]

I thought it was a good article as well Sally.

 

Like you I am very worried about how things are developing and I have no vested interest whatsoever except I can see alot of things I used to believe in very strongly being pushed to the wayside. When the coallition came to power I thought Michael Gove to be a drippy career politician with no clear idealogical stance whatsoever. As things have developed over the past two years we are starting to see a clearer picture emerging. To be honest I havn't a clue as to whether this is being driven by Michael Gove, the treasury (Osbourne seems to have a lot of influence more so than Cameron), or by backroom advisors. Whoever it is there is a clear ideology emerging and its focus is very narrow indeed.

 

I am no great fan of the Torries, but I honestly think if Margret Thatcher could comprehend the direction education is going in she would be shocked and upset. What really worries me is that there seems to be no real political opposition. Stephen Twigg, I guess a lot of peopel will say Stephen who?, was appointed shadow education secretary in the reshuffle at the end of last year, and to be honest I have yet to see anything of him. I tend to watch Prime Ministers questions each week and can't remember an education led question coming up for ages, if at all.

 

I can see a time in a few years when we look back and realise the vast amounts of changes which will have been pushed through by Michael Gove and Ian Duncan Smith and many people will be thinking how did that all happen. I think the answer will be bit by bit. Each little bit might not seem that significant at the time, but added together they become a massive change in policy direction. A lot of these minor changes do not require a White Paper to be published and legislated on as such there is no real debate instead we are more focused on VAT on pasties than we are on the future education of some of the most disadvantaged members of our society.

 

Just a few thought which unfortunatly agree with the sentiments of your last post Sally, I think you are very right in your predictions.

Edited May 31, 2012 by LancsLad