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A mother has been left in limbo after her child, who has suspected autism, was turned away from his school.
The woman, who has asked not to be named, argues her son is eligible to attend New Horizons Children's Academy in Chatham during the national schools' closure as she is a support worker in a special needs school and therefore a key worker.
The school says it is following government guidelines and "putting the best interests of children first".
Although her son – who is 10 and has an education, health and care plan (ECHP) – went to school as normal on Monday, March 23, he was turned away the following day.
His mother was told it was because she was not deemed a key worker.
The mother passed on a letter which states she is, and also got in touch with her MP Kelly Tolhurst who confirmed she would be on the list.
Later on Tuesday afternoon, the school's SEN coordinator got in touch and explained government guidance was that children with EHCPs should remain at home, and, as he may be unfamiliar staff at the school, they recommended her son was best placed at home.
The Department for Education classes children with an EHCP as "vulnerable children" who are eligible to go to school, along with the children of key workers.
However, it also says those with an EHCP should be risk-assessed by their school or college, and the local authority should decide whether their needs can be met at home.
The mother told KentOnline: "My son has an EHCP and suspected autism, I am also a key worker – I work as support staff in a special school.
"I have sent them correspondence saying I am a key worker and correspondence from the local MP, Kelly Tolhurst, saying I am a key worker.
"I am able to take him into work with me but he would be better in an environment he knows.
"I am just disappointed. It's just the fact that it's because of his EHCP."
EHCPs are awarded to children who the local authority believe need additional educational support.
Miss Tolhurst said if the woman was having issues with the school, Medway Council could redirect her to another one.
Although the child usually has a one-to-one helper in class, his mother said his behaviour would not impact the provision he may need in spite of a stripped-back staff.
She added: "He was fine, he had no concerns on the Monday.
"I have no one at home that can have him, I have got to go to work; I can't not go to work and they are ignoring that point."
Jody Murphy, director of education at the Thinking Schools Academy Trust which runs the school, said: “The government advice is very clear; if at all possible, people should stay at home to stay safe.
"In some cases, pupils can attend school if they are classed as vulnerable or if they are children of key workers.
"We are following the guidance very closely and in all cases we are putting the best interests of children first, including where it would be better for children to be at home.
"At the same time, the academy remains open for children with EHCPs if they are unable to be safely looked after at home.
“Throughout this period, we are continuing to communicate with parents.
"We are incredibly proud of all our staff for the extraordinary work they are doing in this time of national emergency and of our parents for the support they are giving us.”
KentOnline previously reported how the head of eight primary schools in the county flouted government advice, telling parents they would only be taking in children if both parents were key workers.
This is the despite the government stating schools would be shut except for vulnerable children and those with "at least one parent or carer identified as a critical worker by the government".
The chief executive of the Stour Academy Trust – which runs schools in Canterbury, Ashford, Sheerness, Sittingbourne and Minster said its large cohort of vulnerable children combined with a high level of staff self-isolating left him with no choice.
The Trust's chief executive, Simon O'Keefe said: "Following the government’s late publication of key workers, we experienced large numbers of requests for places from parents who identified themselves as key workers.
"If we had opened with such large numbers, we would have exceeded national guidance for gatherings and social distancing, nor could we have safely staffed these high levels.
"Our school leaders contacted – and continue to contact – key workers to discuss the provision they have in place to look after their children at home to enable them to attend their place of work.
"Where this was not possible, parents were offered a place. This approach has ensured that only children who absolutely need to attend are offered a place, and therefore limit the spread of the virus.
"During individual consultations with parents, we became aware that many parents were indeed able to safely keep their children at home having previously requested a place.
"This included ‘key workers’ who were already working from home, but had requested a place for their child.
"The Trust will be keeping schools open over the Easter break to ensure that childcare is available to critical workers.
"The Trust stands by its approach, and in doing so has limited the risk of the virus spreading, but at the same time ensuring that those critical workers who absolutely need the provision are able to attend their place of work"
