Q:

At what point can Mainstream schools decide they are not able to meet the needs of a child? Aged 6 , yr 2, Prob ASD/ ADHD?? Not yet diagnosed , but has now got ECHP.

MM

Marion Moss
04 Oct 2022
Watched by 3

A: SenseCheck

  • 1 Yes
  • 0 No
  • 1 Other

Newest Answer Oldest Answer

  • 10 Oct 2022
  • Yes

    Simple

    In my opinion, if a child has and EHCp the only reason a mainstream school cannot keep a child is that their presence would be incompatibility with the provision of efficient education for others and, like Ms Frederico says, no steps can be taken to remove the incompatibility.

     

    In my view, cost and suitability are not factors. This can be worked out by comparing sections 39 and 33 of the Children and Families Act 2014. This is one area the Noddy Guide covers well and the case law cited is helpful.

     

    To illustrate, if a child in a mainstream school has an EHCp and the school says it is not suitable for the child in question – and there are no issues around incompatibility with the provision of efficient education for others  - the child's EHCp should be amended by the LA to ensure the special educational provision is made (put in place) to make the school suitable. 

    Sean Kennedy

    Sean Kennedy
    Talem Law

  • Comment

  • 05 Oct 2022
  • Other

    Other

    Can't answer yes or no.:

    A mainstream school can say that it is unable to keep a child placed there if it would be incompatible with the efficient use of resources or the efficient education of others and there are no 'reasonable steps' that it could take to prevent that incompatibility.   A school cannot state it is unable to meet the needs of a child simply on the basis the child has or may have special educational needs and/or a disability, including when an EHCP is in place.  What could be a 'reasonable step' school could take will depend on the circumstances of the situation and reason school has provided for not being able to meet the needs of the child.

    It also will depend on if that school is named in Section I of the EHCP, as a school has a legal duty to admit the child, but not if the school can demonstrate it would be incompatible with the efficient use of resources or the efficient education of others.

    Victoria Federico

    Victoria Federico
    SEN Solicitor, Penningtons Manches Cooper

  • 1 Comment