Q:
Fall back position - Mainstream vs Mainstream
I am aware that I can propose a fall back position if the LA preferred school is a special school but what if it’s a mainstream?
Can I ask for mainstream type?
I would be using L vs Wandsworth 2006 - breakdown in relationship.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 09 Sep 2024
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Yes
Simple
MH,
Yes, you can ask for a mainstream school. Indeed this is wholly legitimate.
If both schools (the LA's choice and parental preference) are mainstream schools, they become candidate schools—candidates for possible inclusion in Section I. Factors such as marginal travel costs (not placement costs) and placement availability are certainly relevant, as are parental rights under s9 the Education Act 1996, which contains the principle of parental choice as far as the education of pupils in school is concerned though it is not definitive just persuasive. If the local authority's preferred mainstream school is one where the parent/school relationship has broken down, and that can be evidenced in an objective manner, it is certainly a legitimate matter to raise.
If the Local Authority (LA) proposes a special school and the parent proposes a mainstream school for Section I, the mainstream school will always take precedence over a special school, provided that the child (or young person’s) presence is not incompatible with the education of others. If there is incompatibility, and no reasonable steps can be taken to remove it, this would change. This assumes that there is a place available at both schools and they are within a reasonable travelling distance. Suitability and cost are not relevant factors in this decision.
If anyone tells you otherwise, please feel free to refer them to me. I offer this for completeness.
For a fuller analysis see the Noddy Guide, in particular:
If you have any further questions, please do not hesitate to contact us.
Does this answer your question?
Best regards,
Sean Kennedy
Sean Kennedy
Talem Law
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