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• 28 Jul 2024

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  Too fact specific, I can't generalise.:

  It has been established that your preferred school is one of those listed in section  s 38(3) CFA 2014. The issue of costs and school selection is covered comprehensively in the Noddy Guide, and I would refer you to the following references which are easy to follow. That said,  I would strongly suggest you thoroughly review all of chapter 9 in the Noddy Guide.

  09.12 Can parent’s/young person request a particular placement?

  09.13 Can the LA/FTT refuse to name a requested s38(3) placement simply because it costs a bit more?

   09.135 Are the resources taken into account in s39(4) only those of the LA? 

  09.14 In looking at the cost of a placement, does it make a difference if parents are prepared to pay the costs of transport?

   

  In summary, the Local Authority (LA) will have a preferred school, and the cost of this will be compared to the parents or young person’s rival school. Broadly speaking, if the parental or young person’s  school costs more than the LA’s alternative, it would be argued that naming that school in section I  would be incompatible with the efficient use of resources.

  That said, this is only one of the three prohibiting situations which must be considered under s 39(4) CFA 2014. These are:

  Situation One: 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

  Situation Two: The attendance of the child or young person at the requested school or other institution would be incompatible with the provision of efficient education for others, or

  Situation Three: The efficient use of resources.

   

  Hence, the LA’s preferred school may cost significantly less than the rival parental or young person’s preference, but the LA (or Tribunal standing in its place) may decide for example that the LA’s preferred placement is unsuitable, thus it ceases to be a consideration.  Indeed, the LA (or Tribunal) must name the parental or young person preference unless any of the above three situations arise (unsuitability or  incompatibility or inefficient use of resources when compared to the LA's rival placement),

  Section 9 of the Education Act 1996 was also mentioned by yourself. This is also addressed in the Noddy Guide:

  09.16 Does EA1996 s9 still apply if the parent requests a CFA2014 s38(2) placement under section CFA2014 s39(3)

  I trust this is helpful and I look forward to reading any additional contributions to your question. If it is helpful, could you please indicate this is the case. 

  Sean Kennedy

  

  Sean Kennedy
  Talem Law

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