Barred from Science (Health & Safety reasons)

One thing I have noticed, is that organisations and bodies will often try to fob people off with "grey areas" and excuses if they can.  No-one wants to be responsible and actually take action, people are becoming like the Eloi (ineffectual, limp and apathetic humans of the future) in HG Wells' The Time Machine.

There are times someone needs to make a stand to initiate change and take people to task for their actions and use the laws that are there for a reason.

Maybe, the OP needs to take this form of action to give the school a short, sharp shock and get things changed, not just for his son but for any other pupils who may end up at that school.

This is, to be frank, a horrible grey area. The school might in principle have the right to do some of those things, without it actually being correct or reasonable for them to do them. And whether or not that means a crime's been committed is ambiguous. I won't say it isn't a police matter, just that the police may feel it isn't obviously one.

Alex R

Were it just a case of the school failing to meet their responsibilities to a disabled pupil sure, but I can't believe the following:

“Only two teachers could find anything positive to say and even then their overall tone was negative. As for the rest, their comments are vituperative, bullying, insulting and vile

A deputy head conceded the tone of almost all the disciplinary referrals was hateful, angry, discriminatory and inflammatory, but said we had to accept that teachers find out son extremely frustrating and annoying. She also admitted she'd held some referrals back because their language was even worse than the ones we'd received.

I'm in the middle of writing a letter about his S1 report, which is extremely negative, judgemental, prejudiced and discriminatory. Only one teacher (the probationer) wrote a professional, balanced, non-judgemental comment that reported positives in academic achievement, behaviour and social skills. I was shocked, not so much that the other teachers write him off as "hopeless", but they were prepared to put their comments in writing and that the Senior Management Team would allow such a report to go out.

I asked what was up and he replied, "I must be a really horrible person." I asked why he thought that. "Because most of the teachers hate me and don't want me in their school. School's not for children like me, is it? It's just for the normal ones."

(Later, our son told us he felt like he was in the bottom of a cave with a lots of big, red, angry faces screaming at him, so he just froze.) Eventually, they manhandled him out of the classroom and down to the special needs area.”

I would have thought this constitutes hate crime.  They are insulting him using inappropriate language and terminology specifically because of his disability and the manhandling (which appears to have been totally inappropriate for the situation as he was not being violent or a threat to anyone) sounds like assault to me.  Or does he not have any rights because he's a child and schools can do what they want because no-one will do anything about it?

Surely just because these individuals represent the school doesn't get them off the crimes they have committed no matter how many of them are doing it.  Their actions fit the legal description I gave above.

The child in question clearly feels victimised by them and it is ongoing, they are ostracising him because of his disability by excluding him from lessons and school, and that is also illegal on more than one front.

Hi IntenseWorld,

Sorry to go on about this, but what you have posted is misleading.

The police page is talking about what makes something that is already a crime into a hate crime. This is what is called an aggravating factor, and it can lead to more severe sentences for people who are convicted of such crimes. This is something that is dealt with in a criminal court, with a judge and a jury, prosection and defence lawyers, and so on.

But the Equality Act, which is where the 'reasonable adjustments' principle comes from (it used to be in the Disability Discrimination Act), is not defining crimes. It's setting out duties for public bodies and other corporations; if they fail to meet those obligations, someone who is harmed by that can bring a civil case. This will be decided at a tribunal, or by suing the corporation in a civil court. This is handled differently; someone who loses a civil case is not guilty of a crime, and is not sentenced to punishment - they're just held responsible for the harm to the other person, and ordered to make it up to them in some way.

The police are really not interested in civil cases; the police are there to prevent and investigate criminal acts. (The Crown Prosecution Service, or in Scotland the Procurator Fiscal, actually brings the criminal cases to court.) If you think you're the victim of discrimination, rather than a hate crime, you need the advice of a lawyer, not a police officer.

I hope this is clear.

Regards,

Alex

If I might respond...

Disability discrimination is classed as a hate crime:

http://www.police.uk/crime-and-justice-advice/reporting-crime?q=

How to report a hate crime

The police and the courts treat hate crime very seriously. Hate crime is upsetting for victims and their friends and families, and creates hatred in communities.

Hate crime is any crime that is targeted at a person or group of people because of prejudice or hostility about:

• Race - including culture, nationality and language
• Religion and belief
• Sexual orientation
• Transgender identity - including anyone who is transsexual, transgender, transvestite or who holds a Gender Recognition Certificate
• Disability - including physical or mental impairment, or learning disabilities

The police will treat hate crime as a priority. The courts can also impose a more severe sentence than for a similar crime with no hate motive.

If you think you've been a victim of hate crime, you should report it to the police as soon as possible. Some police forces have dedicated officers to deal with particular types of hate crime.

By reporting it when it happens to you, you may be able to prevent it happening to someone else. You will also help the police understand the extent of hate crime in your local area so they can respond to it better.

You can also report the crime online, if you do not want to go direct to the police.

OP, this information may help:

http://www.adviceguide.org.uk/england/discrimination_e/discrimination_discrimination_because_of_disability_e/disability_discrimination.htm

Discrimination in education

Providers of education must not discriminate against disabled students, or disabled people applying to be students. Providers of education include providers of further education, higher education, adult and community education.

Providers of education must not discriminate against students or applicants in the following ways:

Less favourable treatment

Providers of education must not discriminate against students or applicants by treating them less favourably than students who are not disabled, unless they can justify this treatment. This means that education providers must not:

• refuse to offer a disabled student a place because they are disabled, or offer them a place on less favourable terms than a student who is not disabled
• treat a disabled student less favourably in any aspect of educational life including trips, excursions and extra-curricular activities
• exclude a disabled student from school because of their disability

For example, if a school refuses to take a child who suffers from epilepsy unless she stops having fits, this will count as discrimination.

In some cases, an education provider can treat a disabled student less favourably if it can justify this. A school can justify less favourable treatment if it is because of a permitted form of selection. For example, a child with learning difficulties applies to a school that selects its intake on the basis of academic ability and fails the school's entrance exam. Under these circumstances, the school would be able to justify not offering the child a place.

Making reasonable adjustments

Providers of education must not discriminate against disabled students or applicants by failing to make reasonable adjustments to allow for their disability. If this places a disabled student at a substantial disadvantage compared with students who are not disabled, this will be regarded as discrimination. For example, a deaf pupil who lip-reads is at a disadvantage if teachers continue to speak while facing away to write on a whiteboard.

Making reasonable adjustments includes providing special aids such as equipment and sign language interpreters.

There are some circumstances in which an education provider may be able to justify not making an adjustment for a student's disability.

Schools do not have to make reasonable adjustments to buildings and the physical environment of the school. However, all local education authorities must have plans to make their schools more accessible to disabled pupils. Maintained schools, independent schools, and non-maintained special schools must produce their own accessibility plans. The plans must be in writing and publicly available.

Providers of further and higher education do have to make reasonable adjustments to their premises to allow better access for disabled students. However, issues such as cost can be taken into account when they decide whether an adjustment is reasonable.

For more information about the rights of disabled students at school or in post-16 education, visit the website of the Equality and Human Rights Commission at: www.equalityhumanrights.com.

Providing for children with special educational needs

In England and Wales, all schools must comply with a statement of special educational needs where one has been issued for a child. For example, a school must recruit a learning support assistant or provide information in Braille or audio tape where the student's statement provides for one. In some cases, colleges of further education must also comply with a statement of special educational needs.

For more information in England and Wales about special educational needs, see Special educational needs.

In Scotland, a child with special educational needs has to have a record made of these needs in a coordinated support plan called a Record of Needs. The local authority must provide information on its general policy and practice with regard to provision in schools for pupils with additional support needs.

For more information, see Guide for parents on additional support for learning.

What action can you take about discrimination in education

If you have a child who has special needs, in England, you may be able to complain to the First-tier Tribunal (Special Educational Needs and Disability). The Tribunal publishes a guide to bring a disability discrimination case. This is available on the Tribunal website at: www.sendist.gov.uk. The Tribunal also has a helpline. The number is: 01325 392760.

In Wales, you can complain to the Special Educational Needs Tribunal for Wales. You can find information about discrimination appeals on the Tribunal's website at: www.wales.gov.uk.

In Scotland, if you can’t resolve the problem with the school, you should approach your local authority education department.

If you cannot resolve the problem with the education department you can raise a claim at the Additional Support Needs Tribunal service that deals with disability claims for school pupils. For more information, see: www.asntscotland.gov.uk.

You may also need to get specialist support.

For more information about getting specialist support, see Guide for parents on additional support for learning.

For more information about the rights of disabled students at school or in post-16 education and what action you can take if you want to make a complaint, visit the website of the Equality and Human Rights Commission at: www.equalityhumanrights.com.

If you think you have suffered discrimination in education because of your disability, you should talk to an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

This may also be useful:

http://www.mind.org.uk/mental_health_a-z/8069_disability_discrimination-legal_briefing

If I dare quibble with a moderator, but some of the things described in this thread seem to involve teachers ganging up to exclude a child.

I notice the thread fizzled for a bit when I said something about narrow communities in crofting areas, and I hope this didn't offend the originator of the thread, because it is something I've witnessed first hand, albeit a few decades ago,without wanting to go into detail.

What they are doing might fall into the category of disability hate crime. I know its not easy to get things done under that heading, but I still think that might be a valid approach.

IntenseWorld said:

They have not disciplined the teachers for discrimination (actually this is against the law and you are perfectly within your rights to report the school to the police)!

Just a quick note - not everything that is against the law is a police matter. Discrimination is usually something where you'd have to bring your own private legal action, rather than call the police. However, I can't speak for the specifics of your case.

Regards,

Alex R

MulgaBill said:

as far as the school and council are concerned, they "engage" with parents, hold "mutli-agency review meetings" and send teachers on appropriate CPD so therefore they're doing all they can. The boxes have been ticked and nothing further needs to be done.

Erm, they are not and have not.  They have not disciplined the teachers for discrimination (actually this is against the law and you are perfectly within your rights to report the school to the police)!  They should be ashamed of themselves.  It is utterly appalling.  There is a lot more to be done, for a start they can provide their staff with autism awareness and awareness of the Equality Act 2010 (presume this applies in Scotland?).  Your son is entitled to reasonable adjustments in education.  There is an organisation called IPSEA, not sure if their information is relevant in Scotland again, but you could contact them and ask them to point you in the right direction.

You could also get an advocate for your son from a mental health charity or similar to write letters and attend meetings or visit the school and speak for him.  Do you have Parent Partnership organisations in Scotland?  Also, ask the NAS for advice.

This is an absolute disgrace. I'd contact IPSEA immediately for advice on a disability discrimination claim. The school's efforts have lip service written all over them, so time to take stock, take action and insist on the reasonable adjustments/nondiscriminatory schooling that is you child's entitlement. There is a lot of helpful case law about pathetic excuses for schools excluding kids from trips, curriculum activities and, worse still, the school in total, without good cause (and, in too many cases, with no cause whatsoever...). It's just not on.  Very best of luck! 

The impression of school teachers ganging up on the disabled kid doesn't convey a reassuring message about rural communities in Scotland. And reading your last post, that's what it sounds like.

Twenty or thirty years ago the western seaboard and the isles and some east coast districts could be quite intolerant and bigoted, with very narrow attitudes, like the headmaster who destroyed the Christmas tree presented for the kids because he disliked idolatry.

One likes to think this has gone away, but clearly it hasn't, from what you describe. Are you in an area where you cannot do any kind of work on the Sabbath and they still believe there are witches in their community? I'm not being facetious, there were parts of Scotland until comparatively recent times with such deep set ideas.

Is this an indication of intolerance and bigotry in the community you live within?

Thanks for the reply. We live on a croft in a rural area so changing schools isn't really an option. Transport is provided for our son—he can't handle being on the school bus, plus the nearest collection point for the bus is a 2.5 mile-walk away. (We only have one car, a Land Rover, so we cycle and walk a lot, especially as the Land Rover has just broken down.)

We've contacted the council quite a few times and this morning had another letter back from the Head of Education's PA saying the Head of Education is "investigating". Letters have also gone to Education Scotland and the GTC. After 11 years, though, I don't expect anything except platitudes and excuses even though I want him back in science, doing things he enjoys.

When he was dropped off from school this afternoon, he looked extremely forlorn. I asked what was up and he replied, "I must be a really horrible person." I asked why he thought that. "Because most of the teachers hate me and don't want me in their school. School's not for children like me, is it? It's just for the normal ones."

All I could do was sit on the grass with him, give him a hug, and watch the sheep grazing. Then the dog came over and slobbered on us, which cheered us up no end. 
 

I am going to tell you exactly what I would do if I was you.  It really sounds like, from what you are saying, that this school is not able to make the appropriate adjustments necessary for someone who is disabled and that they are in fact discriminating against him.  Based on the comments such as "fails to observe social etiquette", the fact they are banning him from science lessons and thus barring him from accessing parts of the national curriculum not based on his mental ability, but based on the fact they do not feel they can make the kinds of adjustments they recently made with a different teacher, and based on the fact that they feel that all of their experiance as educators mean that they don;t need any input from you, I honestly think this is NOT the right school for your son.  The kinds of changes that would need to take place are too numerous.

 So instead, I would get on my computer and draft a letter to the local education authority and give a copy of the letter to the school.  State in it a detailed list of how the school is not meeting your childs needs and not making the appropriate adjustments required under disability legislation, state the number of times you have already approached the school with your concerns, and make it clear that as the education authority, they need to ensure that your son is no longer discriminated against and is no longer being prevented by the school from attending the classes he should (such as the science practicles).  It would also help at the end to state the negative consequences this is having on your child both acedemic and emotional.

Ask the local authority to find another school for your child that is capable of handeling his disability without discriminating against him as the law requires this.

Now the local authority will at that point go to the school and say what the heck is going on.  The school may even start catering to your every need. Or the local authority will grant your wish and find him another mainstream school which will hopefully suit his needs better.  If transport is an issue, there are ways of getting them to pay for it given these circumstances.

The main thing in the letter is to NOT make any personal attacks against the school or any staff members at the school.  Try to be as factual as you can and let the facts speak for themselves.

Your son is lucky to have such a determined parent fighting for him.

I'm even more surprised that they've barred him from science at 12-13, unless Scottish schools do much more dangerous stuff in science at that age than I did in a sissy southern school.  It's tempting to speculate that science may have been the easier subject to ban him from on safety grounds because it's what many people will be less familiar with: for home economics you could say that he manages at home.  I guess that you could try a Freedom of Information Act request to make them cough up any paperwork if you think that it may help. 

I hate it when people claim there isn't enough money to support people with autism.  If the school was building a new building I doubt that saying they didn't have much money would allow them to get away with ignoring wheelchair access requirements.  And surely extra help for those who need it the most should be the last thing to be cut?

Incidentally, 13-14 years old or so was probably the worst age for me in terms of behavioural issues.  The advantages of sheer determination began to come into their own more and more after that, and my academic achievement and behavioural record improved a lot.  It's been no smooth ride since of course, but that's certainly not an age I'd go back to.  Hopefully things will get better for your son soon.

Best wishes.

I think Longman is right, time to take it further or you will just continue to be led a merry dance by the school! Your son has a CSP which is a legal document they also cannot ban him from lessons, they must made adjustments to take into account his disability.

Have a look at the Enquire website, they are an advice service for additional support needs in Scotland.

http://enquire.org.uk/

I've had first hand experience of the rubbish some schools dish out, my son has AS too and it's taken me years to get him the right support at school through dispute resolution and getting a CSP.

Good luck.

Thanks for that, very helpful.

S2 is the second year of secondary in Scotland, so they're 12-13 years at the start of the school year. Our lad is one of the older ones as we had him start school a year later because he had obvious problems even as a toddler.

He was fine in S1 science, even though he had a probationer (who was the only teacher who really tried to get to grips with teaching an Aspie and the only teacher he had a positive relationship with). But in S2 science, with an experienced teacher, he's suddenly too dangerous to have in class.

We haven't been able to find out if there is a written H&S risk assessment, generic or specific. And we certainly haven't been shown one.

Another question we've asked is why, if he's too much of a risk in science, is he allowed to do home economics (sharp implements, hot surfaces, etc) and technical (sharp tools, machinery, etc)? No answer to that, either.

I'm in the middle of writing a letter about his S1 report, which is extremely negative, judgmental, prejudiced and discriminatory. Only one teacher (the probationer) wrote a professional, balanced, non-judgmental comment that reported positives in academic achievement, behaviour and social skills. I was shocked, not so much that the other teachers write him off as "hopeless", but they were prepared to put their comments in writing and that the Senior Management Team would allow such a report to go out.

Anyway, the letter in response is heavily referenced, including citations from the the EHRC's new Technical Guidance to Schools in Scotland on the requirements of the Equality Act 2010. As the council recently held a conference on autism, I'm copying the letter to all the key speakers asking how they can square their positive views of what's being done with our experiences. I'm also copying the letter to other parties with an interest in ASD. (Previous letters to politicians have had responses about "current economic climate", "resources are tight", "need to reduce funding shortfalls", "achieving best value" and the like, so not much hope there.)

My wife and I have been battling away on this for 11 years or so. It gets bloody frustrating dealing with the many layers of uncaring, prejudiced jobsworths, on top of the day-to-day stresses of living with an Aspie (no matter how fun and joyous life can be with him).

Hi MulgaBill

Sorry for coming to this late.

I've done science A-levels, a science degree, and several years of work in research labs despite being Aspie.  And I think that being Aspie made me safer in the lab if anything.

I'd try asking to see the specific risk assessments that were carried out for the lessons that your son has been excluded from, and that found his presence would pose an unacceptable risk to others or himself.  Employers have to "assess the risks to the health and safety of employees and others who may be affected by their activities".  Generally I think that written risk assessments are expected, especially for large organizations.  If your son was found to be too much of a risk to himself/others, that should have been recorded in the risk assessment.  If they haven't got this in their risk assessment (or they don't have an assessment) then it may be easier to challenge them on why he's been excluded from the lessons.  If they have then you can at least see what the reasons they have given are, and know what you are up against.

The HSE have also published guidelines on H & S matters for SEN students (http://www.hse.gov.uk/pubns/edis3.pdf) which emphasizes that maintaining safety should not be used as an excuse to deny SEN/disabled students educational opportunities.  It also mentions generic and specific risk assessments.  If they thought your son was a risk perhaps they should have carried out a specific risk assessment for him and looked at whether there were any reasonable adjustments that they could make to manage the risk?  Again, if they haven't, you can ask why.  The guidance also states that "Effective management of health and safety considerations for disabled students and students with SEN should allow them maximum opportunities in their education."  So they should be looking to manage safety effectively so that he can be involved as much as possible, and not just banning him outright.  I don't know if this would be something useful to confront the school with if you think that H & S is being used as an excuse or being inappropriately managed.

The HSE also has a "mythbusters" panel to try to counter the incorrect use of "Health and Safety" as an excuse.  It may be worth contacting them.

Can I also ask what age S2 corresponds to and whether the ban on him being in science lessons is generic or only for certain practicals?  Some of our science practicals, even at GCSE level only, involved sugar, water, poratoes, yeast etc.  They'd have a real job to provide a reasoned justification for barring him from all science practicals, let alone all science lessons, on H & S grounds.

I hope that that's been of some help.  I hope that things get easier for you both soon; I know how difficult school years can be.

Only with regard to that being one school type that doesn't seem to take disability seriously; your postings clearly show a lot of schools in Scotland failing to address disability effectively.

I think with this situation you need advocacy - the school is evidently only giving "lip service" to the diagnosis and support plan and constructively marginalising your child. You wont get anywhere with this institutional attitude.

You need a parents group or local NAS group and preferably either a councillor or local MP supporting.

Not sure where the idea that the school is a fee paying one has come from. It's a local authority run secondary. Anyway, the school knows he has Asperger's, he was diagnosed in 2009, he has a Co-ordinated Support Plan (not that anyone appears to pay any heed to it) and an Individualised Educational Programme (which took his current school a year to devise). It's all down in writing—a depute head conceded his discplinary referrals were hateful and inflammatory (she even said she'd held back some that were even worse) but they still keep coming, and the acting head conceded the S1 report wasn't appropriate but blamed the system. 

If he has aspergers the school should KNOW not to confront him in the way you describe. It is obvious this school has had no guidance at all on supporting children on the spectrum.

Have a look at the school's website, there surely is one, and see if they say anything about support for pupils with disability. You may find they mention Sp L D or dyslexia if that.

It is all very well advocating mainstream schools for people on the spectrum, it has to be backed up with something convincingly appraised about disability needs and entitlements. This sounds like a school worried more about league table performances than helping children learn.

How many children refuse to comply at some time or other? Do they all get this reaction from this school? I suspect they don't want to make any committment to support a child on the spectrum and are being as unreasonable as possible to make it necessary for you to take your child away - in the employment market it would be constructive dismissal.

Get everything down on paper, imnvolve your local councillors (if they are any good) and get whatever parents group or local NAS group to support you. This school is clearly failing to take any account of disability. My guess is, like so many Scottish fee paying schools, it is ducking the issue.

Who says Scottish education is better? It wasn't true 40 years ago and it sure isn't now. As a Scot nowadays living in England I am doubtful about independence because a lot of Scottish institutions seem to me immature and insufficiently accountable.

I asked the question because I read your posts and all I saw was you have sent lots of letters but hadn't seen anything abou you going in to the school, sorry.