Anger as Chesterfield boy, 5, asked to attend mainstream school – with not enough space for his mobility equipment
A boy from Chesterfield with complex special needs has been forced to stay at home – after his mobility equipment did not fit in the mainstream school classroom.
Phoenix Ray, 5, of Chesterfield, suffers from cerebral palsy, bilateral hearing loss, hypoxic-ischemic encephalopathy (HIE) and relies on a peg-j feeding tube.
He was supposed to start reception in September 2023 and his family applied to the SEND Department at the Derbyshire County Council to have an Education, Health and Care Plan ready for Phoenix.
But Phoenix was denied a place in a special school and was asked to attend a mainstream school instead - which has steps leading to his classroom.
Phoenix uses a wheelchair and requires a standing frame, a walking frame and an Acheeva bed to help him maintain a functional position throughout the day.
Despite best efforts by his family and school staff, Phoenix could not access the classroom as there was not enough space to fit in all the equipment that he relies on daily.
As he could not continue his education, his mum Cally Hewer, 39, applied to the council to ask to defer Phoenix to the nursery - but her request was denied and Phoenix has had to stay at home.
Nikki Hewer, 43, Phoenix’s aunt who has been helping with his special needs paperwork, said: “It's disgusting. There is not enough space for his equipment in a classroom in reception and he needs a special school to be able to use his equipment.
"We asked if he could stay in the nursery for a year because there's more room and his equipment would fit, and they turned that down. They didn’t even give him that option.
“He never fully transitioned into the nursery – but he still was able to go in a few days a week and he had his Acheeva bed there.
“But because they refused to defer him to nursery, my sister had to have time off work when he hasn't been able to go to school. She also has a two-year-old. Our mum and I have been trying to help but it is a difficult situation for us all.
"And we've had to buy equipment for home to help Phoenix with his education. We are not happy with this at all.”
Throughout the year Cally and Nikki said they tried to contact the SEND Department at the Derbyshire County Council several times - but did not receive an update for several months.
Nikki said: “It’s taken them a whole year to even look at his plan and review it. I've sent them over 22 emails, and we had not even one response to it. There's no number to call either.
"Just before August, before schools broke up for the holidays, the council agreed Phoenix needed to attend a special school, but this was too late and there were no places in special school left. It looks like he will have to lose another year of school. We've not heard back from the council since August.”
The family issued a complaint and were offered a compensation of around £600 which they did not accept.
Nikki said: “The council offered an apology for the lack of communication but said Phoenix has had access to a school place through the entire year. It made us even angrier. It wasn’t really an apology.
"How can they say he had access to a school place when he can’t get into the classroom and can't use the equipment that he needs daily?”
A Derbyshire County Council spokesperson said: “We accept our SEND assessment service should have worked in a more timely manner on Phoenix’s case and we are very sorry his family had to escalate their concerns through our complaints process, although he did have access to a school placement throughout that time.
“We continue to work closely with Phoenix’s family to secure him the right school placement to meet his specific educational needs and one his family, the school and we as the local authority all agree on and are happy with.
“SEND education is one of our most sensitive, important and complex areas of work and we have recently made a £1m investment to improve our EHCP assessment process and have invested £11m to create 500 additional special needs school places to ensure we give every Derbyshire child, whatever their challenge or ability, the best possible start in life. We acknowledge there is still work to do.
“Phoenix’s family has now requested a place for him at one of our special needs schools and we are processing that request.”