Q:
When my child has an EHCP, can I choose their school?
Liz Chappell
Support SEND Kids
22 Mar 2022
A: SenseCheck
- 0 Yes
- 0 No
- 2 Other
- 19 May 2022
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Other
Complex
Other ...:
Section 39 Children and Families Act 2014 provides that a local authority must name the placement a parent requests in the EHC Plan unless one of the exceptions apply. Those exceptions are that:
(a) the school or other institution requested is unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned, or
(b) the attendance of the child or young person at the requested school or other institution would be incompatible with—
(i)the provision of efficient education for others, or
(ii)the efficient use of resources.
If the local authority does not agree to name the placement a parent has requested, a parent has the right of appeal to Tribunal.
Polly Sweeney
Rook Irwin Sweeney LLP - 22 Mar 2022
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Other
Simple
Other ...:
Parents can make a request. This isn't quite the same as choice.
Typically, you say what your request is and then the requested school get a say (the SEND Code of practice 9.79 comes into play):
"If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution, the local authority must comply with that preference and name the school or college in the EHC plan unless:
• it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or
• the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources "So, the Local Authority ask the school "Can you meet the provision and needs in this EHCP?" This is normally called a consultation. The school give their answer within 15 days and the LA then make a decision...
If a maintained school says no, the LA might disagree and direct the school to take the pupil.
If a maintained school says yes, it's rare for the LA to disagree.
If you're requesting a independent SEN School, and they say yes, the LA might disagree because the cost is tens of thousands of pounds more than they would pay to meet your child's needs in a maintained school. The reasonable justification is 9.79 bullet 2 'efficient use of resources.' The argument is that it's inefficient to pay independent SEND School prices when there are maintained SEN schools or provisions who do it for many thousands of pounds less (assuming they are able to provide a place for your child).
All that said, if your child has, for example, a disability that just tips into having an EHCP and you're looking at mainstream schools, your chances are pretty good that you'll get your choice.
Aaron King
9000 Lives SEND Consultancy
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