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• 01 Mar 2025

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  Ms Twinn,

  Thank you for your clarification. I have answered yes to your question as what you would like is certainly possible.

  Firstly, I would like to direct you to the Noddy Guide, as it provides comprehensive information on this topic.

  You mentioned concerns about whether your son’s needs are being met. It is essential to ensure that his Education, Health and Care Plan (EHCP) clearly details all of his special educational needs in Section B, with the corresponding special educational provision detailed in Section F. The following links may be helpful:

  07.01 Are there particular rules about whether a child or young person has special educational needs?

   07.05 Does Section F have to tie in with Section B?

  Regarding a move to another mainstream school, it is important to note the general presumption that children should attend mainstream schools. The legal framework supports parents who wish for their child to be placed in a mainstream setting. Since your son is already attending a mainstream school, it is reasonable to assume that any disqualifying factors preventing him from attending this type of school do not apply.

  When considering a change between mainstream placements, factors such as cost and suitability (including the expense of making a placement suitable) are ultimately not relevant, except in relation to transport costs, if applicable. When choosing between two schools, the following process will apply:

  09.32 Is there a particular order to consider a parental/young person request for a particular mainstream maintained/section 38(2) school? 

  Parents have a clear right to express a preference for their child to attend a mainstream school in general. While they may also indicate a preference for a specific mainstream school, this does not guarantee that their chosen school will ultimately be selected though there has to be clear reasons for not supporting this preference.

  During a review meeting, parents can express their preference and share their reasons for wanting to move their child. The fact that the current school states it can meet a child’s needs does not prevent them from transferring to another mainstream school. This intuitively must be the case because any mainstream school a child with an EHCp attends should have the provision in place to meet their special educational needs.

  If parents are not successful at an EHCP review, they have the option to take the matter to the Tribunal.

  Lastly, it is worth noting that if a parent wishes to send their child to a particular mainstream school, it is helpful if a place is available at that school.

  I hope this information is helpful. If you have any further questions, I would be more than happy to address them. However, please note that we cannot provide legal advice.

  Sean Kennedy.

   

  

  Sean Kennedy
  Talem Law

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