College not giving a place this year citing attendance he had an EHCP

Miche_Marples
Miche_Marples Online Community Member Posts: 7 Listener
edited August 31 in Families and carers

my godson had been in college for a year, he had an EHCP, the case officer is nowhere to be seen, the college are saying they don’t have to treat children differently so they are refusing any course based on attendance which, compared to school where he ended up not attending, has been amazing and passed functional skills English as well as his course. I find this very hard to believe as the times he didn’t attend were for genuine reasons to include anxiety as well as being bullied away from college which meant he was afraid to leave the house. He’s autistic/ADHD/DCD/SPD and joint hypermobility.

Aside from the case officer actually cancelling a meeting recently about EHCP 6 minutes before it was due, can a college honestly refuse on attendance grounds and say all children are to be treated the same? I don’t believe that’s legally correct at all and I find that pretty discriminatory as his disabilities make him anxious too. He really has done so well. He doesn’t deserve this but the LA is also shocking too. (Surrey)

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  • Mary_Scope
    Mary_Scope Posts: 2,734 Scope Online Community Children and Family Specialists

    HI @Miche_Marples

    Colleges must make reasonable adjustments under the Equality Act 2010, especially when attendance issues are linked to disability so them saying they “treat everyone the same” isn’t legally correct and could be seen as discriminatory. There is also some more information on reasonable adjustments in college that I hope will be helpful!

    The EHCP is also legally binding so the local authority need to ensure support is in place. Do you know when the EHCP was last updated to support your godsons currents needs? Also, SENDIASS may be helpful to reach out to as well as these are the education experts who can give you free and impartial information and advice on everything to do with education such as EHCPs, tribunals, call and attend meetings and sometimes allocate you a specific caseworker.

    It is lovely to hear that your godson has been doing so well so I really hope a plan is able to be put into place for him to be able to access college!

  • Miche_Marples
    Miche_Marples Online Community Member Posts: 7 Listener

    hi there, thanks for answering, the last update to his EHCP was May that the college seem to have done, we've just found out his case officer has gone elsewhere within SCC and as usual my friend wasn't notified.

    As it stands today he therefore is on this waiting list, it was suggested he try a different college but they aren't understanding he won't go anywhere else, my daughter wouldn't either. It's caused a problem with my friends universal credit too as they suddenly took off things as she put the wrong end date, I think she's struggled as 💯 she's autistic too, even her GP thinks it but she's "coping" as far as she can.

    My daughter has EOTAS, online lessons. She's 18 and so it's different but my godson sees home as home and has never not would ever entertain that.


    mum trying to write a letter for her (despite total burnout) as a lot of what was said was verbal such as a tutor saying he's 4th on waiting list but if a place comes abs his attendance is lower than someone 5th they'll get the place! His EHCP started 25/05/2022. He's 17 now and effectively left with nothing.

    I've suggested asking for an emergency review.

  • Bluebell21
    Bluebell21 Online Community Member, Scope Member Posts: 14,645 Championing

    Hi @Miche_Marples I am sorry your godson and his mother are having such a challenging time. IPSEA might be able to help.

    https://www.ipsea.org.uk

    Take care.

  • Miche_Marples
    Miche_Marples Online Community Member Posts: 7 Listener

    thanks BlueBell, I used SOS SEN to check daughters years ago but I do know IPSEA too. I'm afraid I don't really trust SENDiass here appreciating they're linked to the council although I'm sure they're ok but they told me our original EHCP was fine when it really wasn't.

    Nightmare isn't it

  • Miche_Marples
    Miche_Marples Online Community Member Posts: 7 Listener

    I find it amazing that case officers just poodle off and don’t even inform people, it’s happened to us multiple times

  • RakshaUK
    RakshaUK Online Community Member Posts: 2 Listener

    Our son is ADHD and last year was prevented from starting his second year at University in Cheltenham in Computer Security. So far he has taken it through every stage and it's currently with the Ombudsman.

    I'm now hearing from a friend who knows someone with Autism who is also finding he doesn't have a place on his second year.

  • Miche_Marples
    Miche_Marples Online Community Member Posts: 7 Listener

    I’m sorry to hear that, it’s not acceptable at all is it. I’m really glad you’re all fighting it as it needs to be but it’s also draining too. I remember taking LA to tribunal and that was a nightmare too 🤕 I hope you have a positive outcome

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