Q:
Is it legal for the LA to enrol my child in a school without my knowledge ?
I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.
He was on roll at a primary school till the end of year six but hasn’t attended for four years.
I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.
My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.
I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.
Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.
Thank you
A: SenseCheck
- 2 Yes
- 0 No
- 0 Other
- 15 Dec 2023
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Yes
Simple
Hello. Yes where your child attends a special school named in an EHCP and you wish to remove him from the roll then you do need the permission of the local authority in order to do this. It is a strange rule which doesn't apply to mainstream schools.
They will have placed him on the roll of the school as it is named in Section I of his EHCP - however if you successfully appeal the placement at Tribunal then the Tribunal will name an alternative school or setting.
Caroline Barrett
Rook Irwin Sweeney LLP - 28 Oct 2023
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Yes
Simple
Ms Reinsch,
I am pleased to offer my perspective on your matter, though I acknowledge that other practitioners may hold differing viewpoints.
I understand your concern regarding the possibility of a new school receiving funding for your son without your knowledge. That said, it remains unclear to me how your son's placement can be altered unless Section I of his Education, Health, and Care Plan (EHCp) is contemporaneously amended. Therefore, I would advise you to check the information you have received in this regard.
Furthermore, while this situation understandably perturbs you, I respectfully propose that your primary focus should be on preparing effectively for your appeal. While challenging the above situation is an option, I respectfully recommend that if you do, you should not allow it to divert your attention from your main objective, which is to ensure the accuracy and sufficiency of the contents of your son's EHCp. You should, of course, bring this matter to the attention of the FtT if there is a hearing.
Regarding your final statement about elective home education, the following summarises the situation:
4.3 These points also pertain to children with an Education, Health and Care (EHC) Plan attending mainstream schools. However, if your child attends a special school arranged by a local authority, you must seek the local authority's permission before removing your child's name from the admission register. In the event that the local authority denies consent, you can request the Secretary of State's intervention to resolve the dispute. Another circumstance where the local authority's consent is imperative is when your child is attending any school due to a school attendance order; the authority must revoke this order before your child's name can be removed from the admission register.
This information is sourced from the guidance available at the following link:
It is reasonable for me to ask whether elective home education truly what you desire for your son? If it is, that is perfectly acceptable. However, I recommend considering the following from the "Noddy Guide" to help you deliberate more on this matter:
09.330 Can the LA provide SEP outside of a school or educational institution?
09.338 Is elective home education the same as EOTAS under CFA2014 s61?
If you have the time, I advise reviewing all sections related to EOTAS in the "Noddy Guide" as this will likely prove highly beneficial.
Lastly, when appealing to the First-tier Tribunal (FtT), they assume the role of the local authority when rendering decisions and that should answer your question about obtaining permission. Chapter 12 of the "Noddy Guide" summarises perfectly the Tribunal's procedures.
Sean Kennedy
Talem Law
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