The Times article today (20/09/14) on The Charter and Jags?

[legalbeagle]

For those interested in why/how schools can be charities, and the "public benefit" test, there is a good pdf summary in the house of commons library: www.parliament.uk/briefing-papers/sn05222.pdf

[ernesto]

it is alaways interesting what people can justify when it comes down to self interest

[Jennys]

But i am sure Legal Beagle that your children are doing/did just as well academically at state schools, made just as good friends and were happy. I hope so anyway. Don't get me started on why I don't hold with private education.

[legalbeagle]

Jennys - I didn't want them in private school (long complicated back story) so was more than happy that they didn't go. It was the principle of what I was being told that infuriated me. These schools are charities originally created to educate children and they routinely bar some of the most vulnerable? Not MY definition of charity by a long chalk.

As it happens my kids are at a brilliant, lovely, caring local state primary which they love, and with which I'm very happy. In fact one of the specialists who works with my son took the time to tell me that in the 12 years she has been going in to schools to assist kids like him she has never seen a school do better. So yes they, and I, are happy. And we are lucky to have to many great schools in the area too.

But still. Forbidding a child to take an entrance test, or refusing them a place JUST because they are disabled? Insert muslim or black at the end of that sentence and you get my point....

[Jennys]

I am delighted your children are doing well. I always understood your point by the way.I have heard this kind of thing several before. I remember, for example, a little girl some years ago who was thrown out of a private school when diagnosed with ADHD. I totally agree, this should not be the way educational "charities" work at all.

[legalbeagle]

Sadly Jennys it's very common - I know kids removed for ASD, ADHD, Dyslexia.....nothing that would affect the schools "intelligence" test but they still remove/refuse them......

[Mugglesworth]

It's very much down to the Head and school ethos as to whether SEND children are deterred or welcome. When attempting to place our ASD child with a statement at secondary school, we met responses ranging from "that's not appropriate here" to "we would love to accommodate them". I have to say that we experienced that full range with state schools and academies also, so this is not unique to fee paying schools. Regardless of financial setup, there are some schools that put little or no emphasis on complying with anti disability discrimination laws and the concept of "reasonable adjustment" is alien to their mentality.

[legalbeagle]

mugglesworth - When I realised this attitude I approached 8 well known local private schools. A few went through the appearance of considering my kids before rejecting them for a disability they already knew about. The others didn't even bother pretending. I'm glad you found a slightly more positive attitude.

[Asset]

It goes entirely against the disability discrimination act and I don't know how they are able to get away with it frankly.

[Asset]

.

[legalbeagle]

Asset - I suspect partly because they will simply say that it is sour grapes from parents whose children were not clever enough to pass the entrance test. I also think that a parent is unlikely to spend time, energy, money and possibly legal action to shoehorn their child into a school that does not want them.

What I can tell you in that I have an admission, in writing, from the head of one school telling me that they have never accepted a child with a diagnosed learning difficulty. I also have, in writing, from another head, the statement that they cannot have a child with a learning disability in their school since it might upset the other children.

Several others simply refused to provide a suitably adjusted test so that those with different learning styles could show their intelligence. Much like telling a wheelchair user they can join the club if they run up a flight of stairs to collect the relevant application form.

As I say, insert "black" or "muslim" in place of "disability" and you will see how atrocious that is. Although I'm sure you can see that anyway.

I also note, in passing, that innovation never comes from a roomful of people who are the same, but that's tangential to the point that the spirit of what I was told was far from charitable, even if, as an institution, they jump the relevant hoops in order to qualify as a charity.

It's utterly disgraceful. I have no expertise to tell you whether it is illegal.

[pixie23]

As a lifelong resident of ED, my objection is to the land Alleyns grabbed from the church on the corner of Townley Rd and Carlton Ave. It does not belong to Alleyns but to the church, yet Alleyns has laid claim to it and wo betide anyone who dare suggest otherwise, well I played on that land as a kid and until the mid 90's, yet they are allowed to behave like this and claim charitable status is laughable!

[James Barber]

Hi pixie23,

Isn't the vicar of that church a member of the school staff?

The land would be Dulwich estate so I could imagine them transferring some when the church was rebuilt when the lease was probably renewed.

I doubt the Dulwich Estate wouldn't countenance squatting!

if you're really interested you could pay ?3 on the HM Land Registry online system and get a plan of the church with a red line of the land they have as part of their lease. If this has annoyed you much then best to nail it one way or the other.

[Townleygreen]

pixie23, that land has always been Alleyn's playing fields!! Since the 1880s!

You may have been able to play on it unofficially in the 90s - indeed children whose houses back onto the fields (in parts of Dovercourt and Woodwarde) mostly have gates so that they can easily get on to the fields, but only at weekends on in the evenings (in summer, obv.).

In the past the fences/railings weren't so well kept as they are now, so it was easier for kids to get in.

It has NEVER EVER belonged to the church, pixie.