Q:
Can class sizes be specified in Section F (provision)
Can a maximum class size and adult : child ratio be specified in an EHCP Section F?
We have a clear professional (EdPsych) recommendation on this and I would assume it's a clear YES because it's specific and quantifiable.
The LA claim they can't put this in an EHCP because if the school were forced to accept another pupil (as can happen) it would mean they weren't meeting EHCP and my child would have to leave. I think this is untrue and designed to scare/threaten because the school they want to name has increasing class sizes. Is there any case law or reference in legislation?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 08 Jul 2023
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Yes
Simple
I am eagerly looking forward to reading further contributions on this important topic, and I would like to thank you for raising this question.
A maximum class size can be specified in Section F of an Education, Health and Care Plan (EHCp) if there is clear evidential support for its inclusion. Typically, this recommendation is provided by an educational psychologist. Similarly, the teacher-pupil ratio can also be specified in Section F, as long as there is supporting evidence.
The Noddy Guide provides valuable that you will find of interest:
08.10 If a child needs to be in small groups or small classes for some or all of the time is that SEP?
Regarding the arguments presented by the Local Authority (LA), and whilst we cannot offer legal advice, I would encourage you to consider the following general guidance:
a) If a child requires specific special education provision to address their special educational needs, the failure to include all necessary provision in Section F must mean that an LA is content with not meeting some of the child's or young person's special educational needs, which is clearly incorrect. Please refer to the following resource from the Noddy Guide:
07.05 Does Section F have to tie in with Section B?
b) Mechanisms do exist to accommodate an increase in pupil numbers within schools. However, it seems that the LA's concern is speculative, as it assumes that any additional pupils would also need to join the class that includes your son. Decision-makers must carefully consider the current arrangements in a school before deciding to increase pupil numbers. They must also assess the potential effects of such an increase, taking into account the impact it would have. In your case your child requires a specific maximum class size and teacher-pupil ratio and this mist be seen to be an important factor before additional pupils are added to your child's class .
Therefore, one could argue that the LA's anxiety in the aforementioned scenario is based on speculation, and the evidential basis for this concern could be challenged.
In summary, it appears that the Local Authority is implying that it is acceptable for some of your child's special educational needs to go unmet in anticipation of a hypothetical event that may or may not occur.
Additionally, if there is a possibility that an increase in pupil numbers would directly impact your child's education, surely the School would be expected to resist such a change.
No doubt the Local Authority's would agree that it is crucial that their stance aligns with their legal obligation to provide the necessary special educational provision your child requires.
Sean Kennedy
Talem Law
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