Barred from Science (Health & Safety reasons)

Our oldest boy (he's an Aspie) has just moved up to S2 (we're in Scotland) and, as well as all the usual turmoil involved in changing classes, he came home today to tell me that "I was locked out of Science". When I asked what had happened, he said his new science teacher had shut the classroom door in his face and locked it. He didn't know what was happening, so he stood outside the classroom until his guidance teacher eventually showed up. She told him that he wasn't allowed to do science for "health and safety reasons", and he'd have to spend science classes doing "other things" in the special needs area. It's ludicrous as science was his best subject in S1 and the teacher he had throughout never had a safety issue with him.

Has anyone managed to challenge a decision like this? And how?

BTW, I'm on my fourth letter to the school in 10 days to the school, copied to the QIO and Head of Education, not that they ever reply or take any notice. Yesterday's letter was about our boy being kept out of all his classes for an entire day, so he played computer games and watched videos in the special needs area. He doesn't know why and no one from the SMT was available to explain why. (He was quite happy to have a "day off", but I'm not.)

Parents
  • 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

Reply
  • 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

Children
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