A mother is being prosecuted for failing to ensure her son receives a proper education, criticizing Ealing Council for refusing to offer him a place at his preferred school. Sinead Hegarty, 47, from Northolt, has two children with complex additional needs, making it challenging to get her middle son Shay, 12, to school unless it is close enough to manage family logistics. After Shay missed out on a place at William Perkin Church of England High School in Greenford last September, the family declined an alternative school and have not been homeschooling Shay, fearing it would prevent him from securing a school place later.
Family Challenges and Lack of Empathy
Shay also acts as a carer for his two brothers, who have multiple additional needs. The family has suffered two deaths in quick succession, including a suicide and the loss of Sinead's mother. Sinead feels Ealing Council has shown a lack of empathy. The council has issued two school attendance notices and a more serious school attendance order, a legal enforcement notice that could lead to a fine or court action, as Shay has missed over eight months of education and the family cannot demonstrate he is receiving appropriate alternative provision at home.
Sinead told the Local Democracy Reporting Service: "They just talk to you like you're nothing. Like there's no compassion, not even the slightest bit of sympathy… I said, 'Look, since I spoke to you, my brother-in-law took his own life, you know, my husband's been in Ireland for the funeral. We've had significant deaths, and there's not one 'oh I'm so sorry'. It was just like 'well no you do need to realise Mrs Hegarty you're getting prosecuted.'"
Daily Struggles and Caring Responsibilities
Shay would need to make his own way to school because Sinead and Shay's father, Mickey, are preoccupied with their other two children and ensuring they get onto their specialist school transport. Shay's youngest brother Flynn, 10, is autistic, non-verbal, and has severe epilepsy and ARFID (Avoidant/Restrictive Food Intake Disorder). His older brother Denny, 13, has severe autism, is non-verbal, and still wears nappies. He also has a sensory processing disorder called Pica, which makes him crave and eat non-food items such as stones, mud, and wall plaster.
While Shay was offered a place at another school roughly the same distance away, Sinead says that all of Shay's friends attend William Perkin, and she believes this would make him safer on his way to school as his parents cannot take him. Sinead said: "As a parent, I feel for Shay, I feel like it's my fault he didn't get in the school and I'm letting him down. That's a hard pill to swallow as a mum." She added: "Shay worries about things he shouldn't worry about at his age, and I try to say 'Baby please, you're just a kid, be a kid, don't worry', but because he's seen so much that he shouldn't have seen - you know, no child should see their brother having a seizure and stop breathing."
Systemic Barriers and Home Schooling Dilemma
Sinead argues that Shay is uniquely disadvantaged through no fault of his own because his siblings need to attend specialist schools. This means he will always be unable to tick the sibling box on his application to boost his chances of getting into a school. After six months of no school, Shay became increasingly anxious that he was falling behind his peers, although he still did not feel comfortable attending another school. As such, Sinead contacted Ealing Council to inform them of her intention to homeschool.
It was at this point that Sinead claims a council officer told her "there is no way in hell you should be home-schooling with everything you've got going on." She says he also warned her about a systemic trap. She claims she was told if she officially registered to homeschool Shay, he would be removed from the system, and the council would "not go out of their way" to get him back into a physical school later. This apparent advice forced the family to avoid homeschooling to preserve their hope he would get a place at William Perkin, but it means he has been out of education, and Sinead is facing possible prosecution.
Sinead says she has lost her own support network of other SEND parents due to the situation, as she had to stop being a SEND parent ambassador, a role which included attending coffee mornings and setting up and managing groups to support other parents. She added: "It's still very lonely and isolating, you know, and to not then [have that support] if I wasn't coping, I don't know who I would ring to ask for help and support because there isn't anyone - all of our family is in Ireland."
Council's Response and Legal Duty
An Ealing Council spokesperson said: "We recognise how difficult this situation must be for the family. We are also very conscious of the impact that a disrupted education can have on a child. Places at William Perkin Church of England High School, which is an academy, are allocated in accordance with the school's admissions policy, which applies equally to all applicants. The school was significantly oversubscribed when the application was made last year, and it did not meet the higher priority criteria."
The spokesperson added: "Where a first-preference school cannot be offered, the council has a statutory duty to ensure a suitable alternative school place is available. Two alternative schools were identified and offered. We understand families may have concerns about travel and individual circumstances, and officers work with parents to consider available options within the framework that applies to school admissions."
The council says 72.9% of the borough's children received an offer from their first preference school, which is higher than the London average of 70.5%, placing Ealing 10th out of 33 London local authorities for first preference offers. Almost nine in 10 families (88.6%) in the borough received one of their top three preferences for children due to start Year 7 in September.
The council's spokesperson continued: "Local authorities have a legal duty to ensure all children of compulsory school age who live in the borough are receiving a suitable, full-time education, either at a school or a suitable alternative, such as home education. Where there is evidence suitable education is not being provided to a child, the council has to follow a legal process. In this case, the council issued two school attendance notices and because no evidence was received, as a last resort, the council had to issue a school attendance order, which is issued to protect a child's right to education."
"We strongly encourage families to take a place at a school with an available place and work with the school to address individual circumstances, including health needs, caring responsibilities, and mental wellbeing, which can be taken into account. Attendance at school is extremely important for children, and we're proud of the educational offering in our borough and the staff who support pupils at every stage of their learning. Even where first choices weren't possible, families can be confident that high quality education is available across the borough, with schools committed to helping every child thrive."
Sinead intends to challenge the school attendance order. Shay continues to be out of education.
