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Topic Other Boards / Foo / "is this discrimination"!
- By gsd sam [gb] Date 05.02.04 12:47 UTC
my son is 10 years old, he has attention deficit hyperactivity disorder.
he is statemented at school and recieves 20 hours a week curriculum support and on short term some of these hours can be used as supervision  121 or in small groups.when required.
Recently the class planned a day trip to the coast, studying water, rock formation etc.
the class had been doing this as part of their class work.
my son basically wasnt allowed to go as it was thought that if he didnt follow simple instructions and for example flung himself over the cliff face then all hell would break loose???
anyway i gave in i dint argue and he didnt go, instead he stayed at school all day doing jobs and activities with other staff members.
now very soon there is an activity trip coming up, for 3 days and 2 nights, i have already paid in full to secure a place and handed in a letter to the head and chair of governors offering my husband goes as his prime carer.
this was november 2003, still no written reply only word of mouth from head saying there no need all is arrange theres no problem?MY SON HAS ADHD BUT NOT FULL BLOWN LIKE SOME ADHD KIDS IVE SEEN, MY SON IS EASILY LED AND A BIT STUPID SOMETIMES BUT MAINLY HE JUST NEEDS 121 AND GUIDANCE AND CALMNESS
my friend has given me her opinion which was very angry as she believes that the school disciminated against my son once so whos to stop them doing the same again nearer the time for what ever reason.
your feedback would be very welcome
sam
- By tohme Date 05.02.04 13:08 UTC
First of all you need to be extremely clear if your son was NOT allowed to go on the trip on what basis was this decision made.  It may be for example that there has been some mis-communication and because of children to adult ratio maybe there were not enough adults to cope, or, as you say he may have required an adult to himself?

The recent cases where fatalities and injuries have occurred on school trips have made it essential that a suitable and sufficient risk assessment is carried out before venturing anywhere.  It may well be that your son may have been seen as  a "high risk" in the particular environment involved.  When conducting risk assessments the words "likely" are always at the top of one's thoughts.  It may be worth checking this out? 

This would not be "discrimination" as such under the law but seen as the school/local authority exercising a proper "Duty of Care" to your son and the others involved.

Where possible it is always best to make sure any arrangements are made in writing, just as you would for example with a hotel, and confirmation is also received.  This would ensure you have something to fall back on.

It is easy to jump to conclusions but it is better to collate facts and evidence on which you can base them.

Does this sound reasonable?
- By gsd sam [gb] Date 05.02.04 13:28 UTC
hi, before the day trip to the coast i met with my sons class teacher to discuss his care.
i was told that the school mentor would be his carer on the trip.
There was no reason at this time as to why my son could not go.
however the day before, his class teacher had me in and said, that because of reasent behaviour the school were reluctant to take him incase he didnt follow simple instruction and not only put at risk his care but other children, he could wonder off or fall over the cliff etc.
they keep basing the past events and the if's buts's.
if a child who was disabled for example was in a wheelchair and has worked on the same curriculum project all week then has a day trip to back up the work, gets turned away from going then surely the school has an obligation to ensure that the disabled child does not get excluded and re organised a more suitable trip to suit???
i really think he was discriminated aginst as well as the fact he did have 121 arranged but then the school didnt want to take the risk.
i must point out though that in the class who went "3" kids had special needs and behavioral problems worse than my lad.
they went no question.
- By tohme Date 05.02.04 13:42 UTC
Unfortunately I still do not believe that legally your son was discriminated against.  I have no doubt you personally feel this way but sometimes it helps to look at things from the other perspective.  If you were a teacher and you were faced with being responsible for the health and welfare of X amount of children in a strange and potentially environment you would want to ensure that you felt adequately in control.

A risk assessment IS based on history, knowledge and experience of personal, job and environmental factors.

I appreciate that you feel upset by this situation and for your son however these consdierations would apply equally well to the work environment.

None of us are perfect and we live in an imperfect world; it may be worth discussing how you CAN enable your son to participate more fully next time.

HTH
- By heidleberg [gb] Date 05.02.04 15:15 UTC
i agree with Tohme, im sorry your son has missed out but and please dont take this the wrong way but if something happened to your son on the trip you would be wanting to know how, who and why,
Heidi
- By gsd sam [gb] Date 05.02.04 18:19 UTC
i really am trying to not only sympathise with the school and your replys but i do feel as though because of my sons disability the school have let us all down.
i know the rules and if a child for example had calipers or a false leg this trip would be unsuitable for that child so they would re think about a more suitable trip to include that child.
my child worked with the class on this topic for his curriculum lesson and has not been able to complete it as he couldnt go on the trip at there say so?
i was asked by the teacher if i could come along but i couldnt as the trip would have been very hard for me as i have a false leg.
even the education dept themselves told me that this trip was for staff and pupils only and i could not go as the insurance would not have covered me and it is up to the school to provide the care and supervision themselves from the allocated monies they recieve for special needs.
- By jackyjat [gb] Date 05.02.04 19:15 UTC
Sam

You need to contact the Disability Rights Commission.  They will talk you through what has happened.  Under Section 4 of the Disability Discrimination Act schools, colleges, universities, providers of adult education and youth services have to ensure that they do not discriminate against disabled people.  I don't think calipers or a false leg would be reason not to allow that child to go on the trip, under law they would just have to ensure that adequate support is put in place to guarantee that child was able to access all activities and remain safe.

DRC

At the moment, as I understand it, the headteacher hasn't refused your son permission to go on the trip.  Write a note to the school asking for confirmation that he WILL be allowed to go and ask them to give details of the support that will be given to him to ensure that he can fully participate and not be discriminated against.

Please contact the DRC as they will be able to help you.  PM me if you need any other information or help.
- By gsd sam [gb] Date 05.02.04 19:36 UTC
excellent thankyou very much.
- By Reefer [gb] Date 06.02.04 07:23 UTC
Jackyjat is right, and saved me posting :D

A great many issues now fall under the DDA, and basically it all boils down to what's 'reasonable'.  I would guess that the trip was planned well in advance, and yes they have to do Risk Assessments, but your son was already a pupil at that school and his condition known, so it would be reasonable to expect them to put the facilities in to enable him to attend.
- By LlMEY [fr] Date 06.02.04 09:03 UTC
From my own experience it boils down to... is the school/organisation willing to go the extra step.

I have a disabled daughter who is wheelchair bound - trust me when I tell you that, if unchallenged, a lot of schools can very easily put up 'reasonable' grounds. No disrespect to the posters on this thread but I already see some of you sucked into this.

Look at what needs to be done to make it reasonable to attend the trip/outing rather than look at the reasons not to FIRST. Seems to me offering the husband as primary carer was a good way to go... ahhhh but that would mean a teacher couldn't make the trip all expenses paid how sad for the TEACHER....

If I sound sour it is simply because I have walked the walk with those that want to make it happen and those that look to not make it happen because it is too much trouble. If you have a good school, with caring people then all things are possible.

Risk assesment... sigh, assess risk then eliminate it not accept it - thats what happens in any managed project. If it isn't possible to eliminate, or reduce the risk to an acceptable level then decision is made.

Keep asking for the written reasons - the delay in receiving a written reply says volumes to me. If I sound angry - I'm not, just seen it all before. Important thing, in my opinion, is to do as you are doing, try and make the enviroment as 'normal' as possible for your child including equal opportunities all circumstances considered.

Keep fighting ;) One piece of advice is to look at senior schools now, and talk to their heads and see what reaction you get from then... a good indication of future support or barriers.

Regards Dave
- By gsd sam [gb] Date 06.02.04 09:53 UTC
hi, i have written a letter to the head teacher now requesting a written reply about this trip in july..pointing out that my other letter wrote in nov still has not been replied to.
i have also email the disability rights and explained my story.
I know that the school let my son down for the trip to the coast as they had plenty of years experience handling him to prepare, this is why with this 3 day 2 night activity trip i have offered well in advance my hubby to go as our sons carer even mentioned hubby traveling down in his own car, he only wants a bed for the 2 nights hes capable of finding a shop for food,,hehe then again hehe it is a big place in the country...hohoho well theres the odd grub or two..sssssssshhhh
Topic Other Boards / Foo / "is this discrimination"!

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