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Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My granddaughter has spina bifida. She is not registered disabled

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My granddaughter has spina bifida. She is not registered disabled and does not have a Statement. She is, however, incontinent due to her condition and her medication often causes diahorea. She has been attending a private nursery who have been really helpful in educating her to use the toilet and dealing with any accidents. Unfortunately we cannot afford to keep her there and she has been accepted into the local primary school. They are aware of her condition however they have been extremely "cool" to say the least. This afternoon she was collected from a taster afternoon covered in excrement because she had had an accident (these do not occur regularly, her bowel is normal). The staff informed my daughter that they are not trained to deal with such situations and therefore did not and will not assist. They sat outside the loo and tried to instruct a 3year old on how to clear up a complete "explosion". My granddaughter will be 4 in August. My question is, what legally can we expect from a state primary school? Can my granddaughter be treated like this and if so, is there anything we can to do to ensure she receives the support she needs?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What medical support does the child have?
Customer: replied 4 years ago.
She has no regular medical support other than her check ups with the urology consultant. She had a urodynamic test done in May which confirmed the damage to her bladder, hence the incontinence. She is on medication which does not seem to be having an effect. Basically we are in a wait and see situation as she is still so young. When she is older she will be offered surgery to empty her bladder externally through a stoma. The school have said they will not help her in the toilet at all as their policy states they can't. Is this legal for a child who is not reg. disabled but clearly is disadvantaged physically.
Your daughter should write to the Head and ask for a copy of the Intimate Care Policy - and write to the Education department and ask what guidance is given to schools.
You can read some information here
The school can then be asked what proposals they have to implement The Equality Act 2010
If need be the matter should be escalated to the Governors
I hope that this is of assistance - please ask if you need further details
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