UPDATE: Parents receive response in AoM school row over plans to bus new special needs children to Broadoak

When Marcus Rashford scored for England he became the most popular teenager in the country…his school on the other hand is having a very bad time of it of late.

The young centre forward is one of a number of Manchester United apprentices who study at the Ashton on Mersey Academy in Sale, Greater Manchester. Its reputation goes before it as a school of excellence across the board.

Danny Drinkwater, Danny Simpson, and Matty James,  all Leicester City Premier League champions are ex-pupils too. Away from sporting prowess the school is academically successful. It consistently ranks in the top schools in the area  with pupils attaining five or more A* to C  grades at GCSE,  above the national average.

It is a non-selective Academy, now part of The Dean Trust which has five other schools in it’s portfolio.

But it is it’s reputation for developing children with special needs which perhaps separates it from other schools. Such is it’s reputation for nurturing children with learning difficulties and disabilities that it is the number one choice for parents across the area.

And that is where their problems start.  The school now say they have such a high ratio of children with the new Education Health Care Plans, or the old Statements, that they can take no more.

A letter from the Headteacher Aidan Moloney was sent to parents of the special needs children who have been allocated a place at Ashton by the local authority for the start of the new Academic year in September.

In it he said: ”We have explained to the LA that due to pressure placed upon limited resources by the existing very large cohort of SEND pupils, Ashton on Mersey School has reached its capacity in delivery of SEND provision and therefore having to consider alternative options for this in the future.”

He goes on to say: ”The Trust has a number of academies in the group, including another Trafford secondary school. As such, and to be able to utilise all of the resources available to us across the Trust we are considering the feasibility of integrating your child’s education at our partner school, Broadoak.”

Mr Moloney assures parents their children will remain on Ashton’s roll, but that they will be taken to a school which will have smaller class sizes,  and Ashton will still have responsibility for their education.

What that letter doesn’t say, but what the parents have now been told, has further incensed them.

“They want us to take them to Ashton in time for registration when apparently they will be put on buses and taken to Broadoak, which is over five or more miles away in the rush hour traffic and make the same journey in the afternoon to get them back to Ashton for the end of the school day,” said one mum whose son has ADHD and ODD, another behavioural disorder.

“We want our children taught at Ashton which is their lawful right, not put on buses for hours a week to go to a school where they will know no-one.

“Just because they have special needs? If the school is struggling for resources why not send pupils who do not have special needs?

“My daughter is at Ashton and so he should be at the school through the sibling rule anyway. He needs familiar faces at school. Some of his friends from the area are going there. He is a model pupil in school believe me. He loves school. He is not disruptive when there, but he needs support to learn.

“I’m sorry but I don’t like Broadoak and I would never have chosen it for him. I have written to everyone including the Secretary of State for Education but no one has got back to me. And the school has just gone quiet. I just can’t believe it.”

And another mum, whose son has a similar learning difficulty has had her case sent to the Department of Education because Ashton is refusing to accept her son.

“I can’t believe this is happening like this. We are in the process of transitioning which is a stressful time for all children, but for children with special needs it is more more so.

“We started having meetings about going to Ashton and then suddenly the SenCo didn’t call back. Then I was told my case was going to the Department of Education.

“My son has difficulties making friendships, but he walks to school with some boys now who are going to Ashton and I thought he would be walking to school with them. It is so important for him to have this type of routine. Now I am told they want to bus him out to a school I would never have chosen. It is discrimination I am afraid.”

Broadoak School, in the suburb of Partington  is not so well achieving.  It is rated Good by Ofsted, as opposed to the Outstanding rank at Ashton. Its attainment of A*s to C at GCSE is below the national average.

It does however have some facilities for vocational studies like car mechanic training for pupils wanting to pursue a less academic career. Pupils from Ashton already go to Broadoak to use such facilities each week.

The issue of inclusive education for children with special needs has often been controversial in the 20 years since Statements of Educational Need were introduced.

The Statement, as it was known, agreed a level of specialist support in mainstream schools for children whose disabilities made it hard or even impossible to access learning otherwise.

The parents of statemented children could chose the school they wanted without any challenge, so long as it wasn’t a selective school like a grammar.

The school would only be able to stop the admission if they could prove that the child would affect the learning of others.

Education Health and Care Plans replaced the Statement in 2014, but retained the school choice regulation for parents which is why Ashton has no legal right of refusal of the September 2016 intake.

Justine Bailey, Director of the Trafford Parents’ Forum says Ashton is really a victim of it’s own success. “They have such a reputation for nurturing children with special needs that it is of no surprise that parents of these children want them to go there. They want the best for their children and Ashton is seen as the best.

“These parents have had a terrible time fighting for their children’s rights over the years and they were delighted to be going there.

“It is so stressful for them all. They are very, very angry and upset. No one is really telling them what is going on.

“They should be getting uniforms, getting ready for induction days, getting excited like everyone else. But now they don’t know what a to prepare for. And all because their children have difficulties through no fault of their own.”

The Headteacher Adrian Moloney has been asked to comment by Sale Today but so far has failed to respond to calls and emails.

Trafford Borough Council, who agree the EHC Plans would only say: “The Council will always seek to work with parents of children with education healthcare plans to ensure they secure an appropriate place, suitable to a child’s individual needs. However, Trafford Council does not discuss individual cases regarding disputes about school places.

“Where the parent of a child with a draft educational healthcare plan expresses a preference for an academy in accordance with their legal entitlement under the Children and Families Act 2014, the Council will name it in the final plan, unless, after consulting the school’s governing body, one of the statutory exceptions are made out.

“The Regional School Commissioner is responsible for ensuring all Academies continue to meet their statutory requirements.”

When Sale Today contacted her we were referred to the Department of Education, who said:“We are aware of the concerns at Ashton on Mersey School and we are in discussions with the council and the academy trust. Our priority is ensuring that the transition from primary to secondary school for pupils is as smooth as possible.

”They went on to say: “Parents should be reassured that their concerns are being considered. All schools, including academies, are required by the Children and Families Act 2014 to provide a place to a child with SEND when that school is named on their Education Health and Care plan. If a school fails to do so, the Department and the Secretary of State can direct them to do so.”

Some of the families are considering taking legal action against the proposal. According to James Betts, a solicitor for one of the country’s leading law firms for special educational need cases, Simpson Millar, the Children and Families Act of 2014 is very clear about the rights of the child when a school is named on the EHCP. “Section 43  places  a mandatory duty on an academy to admit any child with an EHC Plan that names that particular Academy,” he said

It is now half term for the schools involved. While millions holiday this week, looking forward to the year ahead, those parents at the centre of this row, there can no let up in their efforts to appeal this proposal. As one parent said:”I tried to ask how my son would feel about going to a different school and he just wouldn’t talk about it. He is so excited about going to Ashton I just can’t bring myself to let him know what is happening.”