TA/LSA for after school clubs?

[Mother in Need]

My 13 year old son has AS, ODD and diabetes type 1. He is now (temporarily, unfortunately) in a special unit, and has 30 hours of one-to-one support there. He would like to take part in one of the after school clubs, but would not be able to do that by himself (he actually tried two years ago but had to drop out as he couldn't cope). I am sure I read somewhere that schools have to legally make after school clubs available to ALL children, incl disabled/special needs, but I cannot find any info anywhere. I'd like to have some good ammo on me when I meet the new SENCO next week, so she'll agree to giving him the help he needs regarding this.

[pepper]

[i cant quote stuff - but im sure thats actually fact

[UltraMum]

I aked a question about this with my school governor hat on when i attended a governor forum on this topic ...

 

Suffice it to say my LEA hadn't considered the implications of SEN on the provision of out of school clubs ... this may be the case in other LEAs too ...

 

I would mention the possibility of disability discrimination if your son is unable to attend the after school club ... have a look at the Disability RIghts Commission website

 

http://www.drc-gb.org/education.aspx

[lil_me]

When I did some SEN training lately I spoke to one of the Disability Rights advisors from our LEA about my sons case (naughty I know when on governor training) anyway what he said to me was my son has a right to access all areas of the curriculum and out of school activities and the only way the school could refuse (which they had refused to take him on school trips etc) was if they felt he would be in any danger or the staff would be.

 

Hoep you get this sorted as it must be very frustrating for yourself and your son especially.

 

Just from a brief look on the DDA site I would guess that it would come under several items if your son was excluded from the activities because of his disability including the following

 

1. Less favourable treatment

If a school treats a disabled pupil or prospective pupil less favourably than another because of his or her disability without justification, they may be breaking the law.

 

 

2. Failing to make a "reasonable adjustment"

Schools can also be found to have discriminated where they have failed to take "reasonable steps" which leads to disabled pupils and prospective pupils being placed at a "substantial disadvantage" compared to non-disabled pupils.

Edited September 8, 2006 by lil_me

[Mother in Need]

Thanks all! It certainly sounds that school would be failing to make reasonable adjustments if the child normally is in a special unit and has 30 hours of 1-2-1, and they then do not provide a TA for the out of school activity, wouldn't you agree?

I have to add, I do hate bringing up legal stuff at those meetings, or threatening with disability discriminication acts, as it really puts their backs up and makes it more difficult to communicate afterwards.

And I am already going to have to do all that when I throw the bomb shell on them that they are going to have to start giving him an insulin injection during school time....they have always said they can't do that but the specialist yesterday simply said 'he has a statement, his diabetes is in there, they're just going to have to get their acts sorted and do it.' Wish he'd say that to them though.... oh well, sorry for the moan, thanks for listening!

[lil_me]

His specialist can say that to them, why not ask him to ? My sons specialist has contacted the school for me when we have had issues before.

 

I also hate bringing legal things etc into meetings and much prefer to reslove issues without that kind of conversation but sometimes I have foudn it necessary. I usually say well this is what we want, and after all to make sure you don't break the law I am sure you would agree it would be beneficial to do so etc.

[Karen A]

It might be worth having a look at the school SEN policy.The boys school includes a bit about access to all activities.If it is in the policy you could try putthing in a written complaint to HT and chair of governors.Karen

[something vague]

It might be worth having a look at the school SEN policy.The boys school includes a bit about access to all activities.If it is in the policy you could try putthing in a written complaint to HT and chair of governors.Karen

 

Might be worth looking at their equal opportunities policy too

 

SV

[Karen A]

Yes good idea sv.Karen

[Mother in Need]

Thanks for all your input, greatly appreciated. Have spoken to the new head in his unit, and she will find out where the school stands on this. Just told her that I was sure there was legislation as to make Clubs available to all, or it would be discrimination. Will see where that leads. Apparently the school governors are not very happy with his statement in the first place but the LEA has told them in no uncertain terms to quit groaning and get on with it and deliver!

[phasmid]

The legislation you need is within the following segement of the Disabity Rights Commision Code of Practice for schools:

 

Education and associated services

4.23 'Education and associated services' is a broad term that covers all aspects of school life. This list exemplifies the range of activities that may be covered by the term 'education and associated services':

? preparation for entry to the school

? the curriculum

? teaching and learning

? classroom organisation

? timetabling

? grouping of pupils

? homework

? access to school facilities

? activities to supplement the curriculum, for example, a drama group visiting the school

? school sports

? school policies

? breaks and lunchtimes

? the serving of school meals

? interaction with peers

? assessment and exam arrangements

? school discipline and sanctions

? exclusion procedures

? school clubs and activities

? school trips

? the school's arrangements for working with other agencies

? preparation of pupils for the next phase of education.

 

4.24 This list is not exhaustive, nor is it intended to be. Part 4 covers all education and associated services that are for pupils and prospective pupils. It does not include other services that are provided to the public. These are covered by Part 3 of the Act. Where, for example, the school holds an open day, the parent teacher association holds a car boot sale, or the governing body holds a public meeting, such activities are covered by Part 3. The Stationery Office has published a Code of Practice which explains the duties in Part 3 of the Act: Rights of Access to Goods, Facilities, Services and Premises.

 

An after school club would be deemed as being an 'associated service'. Preventing your son from attending such an activity would be likely to be in breech of the code. This code, unlike the SEN code has nice sharp legal teeth.

 

More info on this can be found here in the summary of part 4 of the code for schools.

 

The link page to the codes is here.

 

The DRC website is here.

 

Hope that helps to sort this out for you.

Edited September 15, 2006 by phasmid

[Mother in Need]

Thanks Phasmid ! That was some very good information, just what I need. Now I can go back to the school to push them a bit

[phasmid]

As ever, happy to be able to help. Hope it does the trick for you.

[pumpkinpie]

Phas

Until last year little p went to the out of school club atached to our school. She stopped going because it clashed with her speech group. I paid it up to date. They offered to put her in another night but she became very ill and was off school for a long time.

They had after she had started going employed someone to look after and another sen child via grant it was not out of the school budget.

I was offered another day but this clashed and to be honest she had been that poorly it really has taken her months to be something like her old self.

Whereas at one tiime I could put her in on an informal basis - short notice. Now I cant. they have said she can only go with funding, which is not what was happening last year. I dont want to commit her to every week - because I dont think they really want her and also its expensive. They seem to think it will give me a break.

I dont want her getting over tired again as this has a very negative impact at school.

Do you think this is discrimination. Other people can book there kids in for emergencies. I t was a real safety net for me knowing if ever I was stook they would help me out.

Before my mum died she was rushed into hospital and the club kept k until my husband finished work. Just doing that took a tremendous pressure off. How I feel I have no safety net and it stresses me out!

[phasmid]

Hi PP.

 

This is my take on it. If your daughter had no additional needs what restrictions would they impose on her attendence? If, as you say, the school run this club and they allow other children to be booked into the club on an ad hoc basis to cover emergenicies and so on, and this service is being denied to you because of your daughters additional needs, then it might be worth asking the DRC to have a look. If the situation is you would like her to go each week if it is possible and places are available and they are saying that she must have a 1-1 and MUST attend every week regardless of issues of tiredness etc connected to her additional needs (but they must be connected) then, I would believe, that may be a refusal to make a 'reasonable adjustment' to take account of those needs. As ever the issue of where the funding for the support they feel she requires comes from is not really an issue for you to worry over. The school are supposed to provide an inclusive service. Speak to the DRC people and see what they say.