Q:
02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans ...
02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans specifies in its section F?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
Simple
No. What is set out in an EHCP by way of SEP, and the named placement, is a ‘take it or leave it’ package. It constitutes the LA’s proposals for how it would discharge its obligations towards the child. If the child’s parents do not want their child to attend that placement then they must make their own arrangements to discharge the obligation on them under EA1996 s7 by securing that their child receives suitable education, including in relation to the child’s SEN. Those alternative arrangements need not be the same as what was set out in any EHCP produced by the LA, but they must still be “suitable”.
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Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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