A father is taking legal action against both his daughter’s school and the local authority, accusing them of a “systematic failure to uphold her rights to inclusive education.”

Craig Barton has launched a fundraiser to support his daughter Willow, 5, who has special educational needs (SEND).

She has been out of school for several weeks due to what her father describes as escalating distress and emotional harm caused by the “inappropriate” and “forced use of a specialist resourced provision.”

Despite Willow having a Hampshire County Council Education, Health and Care Plan (EHCP) naming a mainstream school placement, Mr Barton claims professionals’ advice and his own wishes have been disregarded.

He alleges the local authority acted unlawfully by publishing an amended EHCP without considering key professional recommendations or his input.

He says they have ignored Willow’s right to mainstream education, failed to provide alternative learning while she is too traumatised to attend school.

Legal proceedings are now underway, including a potential judicial review and a SEND Tribunal appeal involving disability discrimination claims.

The family hopes their case will bring systemic change and has launched a crowdfunding appeal to cover legal costs.

“We’ve followed every possible route—meetings, reviews, emails—and nothing has been done to protect Willow’s rights or wellbeing,” said Mr Barton.

“This isn’t just about one child. This is about a broken system where legal duties are treated as optional and children with additional needs are pushed aside.”

Mr Barton said he warned before Willow started Year R at the school that it might not be suitable. “And everything we said is coming to fruition,” he added.

They chose mainstream education because “although she’s been diagnosed with autism, she’s very sociable and wants to be around children,” said Mr Barton.

However, Willow was placed in the school’s resourced provision (RP) group, which Mr Barton says is designed for children with learning difficulties.

He said the provision has been detrimental to Willow,.

“She has an absolute aversion to spending any time in and around that group. Which is absolutely so, because it’s not an appropriate academic peer group for her.”

He said Willow becomes distressed when the RP is mentioned. “She has come home crying, she has started refusing to go to school, she has tried pulling her own teeth out, just at the thought of it,” Mr Barton said.

“She cites the resourced provision as the source of her upsets,” he added.

A spokesperson for Hampshire County Council said it would not comment on individual children or where legal proceedings may be underway, but “we strongly refute the claims being made”.

“We work closely with parents, local schools and relevant partners to ensure that children and young people with Special Educational Needs (SEN) receive the right support in the right place and have robust processes in place to address any issues or concerns should they arise.

“We also have a dedicated Inclusion Support Service which ensures that children continue to access education where they are deemed unable to attend school.”

The spokesperson said RP was a specialist environment for children with SEN based within mainstream schools.

“RPs are designed to ensure that a child receives the specialist support they require, as outlined in their individual EHCP, while gaining all the benefits of attending a mainstream setting in their local community and alongside their peers,” the spokesperson added.

“In this way, RPs bridge the gap between mainstream and special schools and form a crucial part of our commitment to inclusive education for children with SEN.”

For more information about Mr Barton’s fundraising, visit here.