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• 24 Jul 2026

No

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Simple

Your question suggests that your child is in a low achieving setting. Thus this response is based on that assumption.  If if is not an accurate picture of your child then please ignore what follows. 

Perhaps it might be that you put him into a higher achieving special school setting which would stretch him more and at the same time give him the necessary support to help him maximise his potential. This may be an independent school or a non-maintained school rather than a state school.  

I would have thought that a mainstream school would struggle to meet his needs even if it were fully funded.

I would have thought it was essential that he would continue to get direct speech and language and occupational therapy which is not likely to occur in a mainstream setting.  

If he were to be in a mainstream setting how would he react to being in that setting. I suspect he would find this overwhelming as the pace of the class would be far higher then he would be used to or could probably access.  The language demands would be far higher and that could lead to considerable anxiety.  

That may be why he is having difficulty when playing with mainstream peers as you have described .

It is unusual for a secondary school not to offer a full range of GCSEs and only offer FS.  This suggests that it is a special secondary school.  Again have a full discussion with them to see what they can offer and make your decision then.

Perhaps you should have a heart to heart with the current school and really understand what they are saying and suggesting and make sure that they understand your concerns.  By all means do come back if you need further help.

 

 

NP

Nigel Pugh

24 Jul 2026

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• 23 Jul 2026

Other

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Simple

Can't answer yes or no.:

Dear Mya,

Sean's answer is very comprehensive. He's an expert in the law but also gives some good practical tips in his advice. I'll try to build on his practical tips.

 

How easy is it to transfer from special to mainstream?

Depends on his needs. However, in cases of secondary aged pupils with autism or learning difficulties, it tends to get harder the older they are (as the secondary mainstream curriculum accelerates faster than the secondary special school curriculum).

 

Expertise of the special school at pupils moving to mainstream

It's not often that there's any pressure on special schools to move pupils back to mainstream schools. Therefore, not every special school is slick at it. So, it'd be important to talk to them about this. If they are saying he's not ready (and they have moved 20 pupils back in to mainstream in the past 3 years) then you might put more weight on their view that if a school says they are not ready and it is 3 years since a pupil last moved back into mainstream

 

If he does any other mainstream activities, that might be relevant information

Beyond mixing with mainstream friends, does he go to badminton? Scouts? Football? Park Run? Does he do anything that is non-specialist? If so, that could be relevant to how well he'll access mainstream provision. Sure, a Sunday morning football club isn't the same as mainstream Y7, but it's probably closer to mainstream Y7 than special school provision is.

 

Will there be resistance?

If you are going to get resistance to the move, it's probable (though not certain) that the resistance might come from the mainstream school rather than LA. Any school will need to be consulted and there are two/three fixed reasons why they might say no (Sean's already mentioned these).

If it were me, I'd talk to the mainstream school(s) where I want my child to go before launching into any statutory processes. What do they offer? What would it look like for my child? This is more difficult as they are now closed until September.

 

If you are sure, then you could ask the LA to consult a now

The consultation clock ignores school holidays. So, whilst schools aren't open to show you around, they should still respond within 15 days. This is an feature of the law that's not especially popular with schools. The law says that they must meet the deadline both in and outside of term time. But you might find out that they don't meet the deadline. Either way, you start the process - but make sure you've made up your mind first.

 

Special School to college

Students do move from special school to college. Often it's to do Entry Level or Level 1 courses. Attending a secondary special school isn't a bar to entry to college.

 

Other notes

If you go for mainstream and it does not work, you may find the special schools full and find it difficult to find a place back in special. The law may support you to get back a place in special but if those places are full, you are set up for a battle.

If he is transferring to Y7 in 5 weeks time, it's very unlikely that he'll be able to get into a mainstream school by the 1st September.

 

Final comments

If he's just finished Y6, it's a tricky time to have realised this. It would have been helpful to have thought about this 1 year ago. But that's often not how life works. You are where you are and it's no one's fault. Besides, it's better to have these thoughts now than in 4 years time.

 

Hope that helps and adds practical tips to Sean's excellent advice.



Aaron King

23 Jul 2026

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• 16 Jul 2026

Yes

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Simple

Dear Ms A,

These are only general observations, not legal advice, and you may wish to obtain advice based on your child’s particular circumstances. That said, I have dealt with many cases involving similar questions about moving a child from special to mainstream education.

It is certainly possible to move a child with an EHCP from a special school to mainstream education. How difficult that is in practice will depend largely on whether the local authority accepts the change and whether there is clear evidence about your child’s abilities, needs and the support he would require. If the authority or the proposed mainstream school opposes the move, the process may become more involved and could ultimately require an appeal.

I would not wait for him to struggle for a full year before raising the issue. The first practical step would be to ask the local authority to convene an early review of the EHCP. The authority has a discretion to review the plan before the next annual review, although it is not automatically required to agree to the request. Any refusal must nevertheless be lawful. If your child’s needs or abilities have materially changed, you may also wish to request a reassessment.

You should explain why his needs, abilities and aspirations may no longer be properly reflected in the plan, supported by evidence about:

• his academic ability and whether he is being sufficiently challenged;
• his social development and communication skills;
• the curriculum and qualifications available at the current school;
• his longer-term ambition to attend college; and
• the support he would need to attend mainstream successfully.

That said, the Children and Families Act 2014 does not require you to give reasons merely to express a preference for mainstream education or for a particular qualifying school. Stating that preference is sufficient to engage the relevant statutory process. Clear reasons and supporting evidence will, however, be important if the local authority seeks to resist the change.

The EHCP should be considered in the correct order. First, all of his special educational needs should be identified in Section B. Secondly, Section F should specify the provision required for each of those needs. Only then should the placement in Section I be decided.

If you request a particular maintained mainstream school or academy, the local authority must first consider that request under section 39 of the Children and Families Act 2014. It may refuse that particular school if it establishes that the school is unsuitable for his age, ability, aptitude or special educational needs, or that his attendance would be incompatible with the efficient education of others or the efficient use of resources.

However, the refusal of one particular mainstream school does not entitle the authority simply to retain a special-school placement.

The authority must then apply section 33. As you would be requesting mainstream education, the parental-wishes exception would not arise. Mainstream education must therefore be secured unless it would be incompatible with the efficient education of other children and that incompatibility could not be avoided by taking reasonable steps.

Suitability is not a separate factor at this stage, nor is cost a free-standing consideration. When deciding between mainstream and special education as types of placement, the authority cannot prefer a special school simply because it considers it more suitable or less expensive. If the section 33 exception is not established, mainstream education must be secured.

Another way of looking at the position is that the local authority must secure the special educational provision necessary to make the mainstream placement suitable for the child.

This distinction is apparent from the legislation itself. Section 39 expressly refers to the suitability of a particular school and the efficient use of resources. Section 33 does not. It focuses instead on parental wishes and whether mainstream education would be incompatible with the efficient education of other children after reasonable steps have been considered.

The absence of a nearby mainstream school with a specialist SEN unit does not prevent a mainstream placement. A child does not have to attend a specialist unit in order to receive mainstream education. The question is whether an ordinary mainstream school could be made suitable through the provision specified in Section F, including any additional staffing, specialist input, training or adjustments required.

In ME v Southwark LBC [2017] UKUT 73 (AAC), the Upper Tribunal explained that a mainstream school initially regarded as unsuitable under section 39 might nevertheless become appropriate once the necessary additional provision and reasonable steps had been identified.

In R (An Academy Trust) v Medway Council [2019] EWHC 156 (Admin), the Court confirmed that section 33 contains neither a free-standing suitability exception nor a free-standing efficient-use-of-resources exception.

Similarly, in Harrow Council v AM [2013] UKUT 157 (AAC), the Upper Tribunal explained that the authority may be required to make a mainstream placement suitable by securing the provision necessary to meet the child’s identified needs. It cannot simply assert that no mainstream school is presently suitable.

Cost may still be relevant when deciding whether a particular proposed step is reasonable. It is not, however, an independent basis for refusing mainstream education.

The fact that the proposed special school does not offer GCSE courses, and offers only Functional Skills in some subjects, is plainly relevant if that curriculum does not reflect his abilities or longer-term aspirations. His wish to attend college, his academic potential and the qualifications he may need should all be considered when the EHCP is reviewed.

It would be sensible to visit possible mainstream schools now and ask how they would support him. You may also wish to obtain up-to-date evidence about his academic ability, communication, social development and ability to access a mainstream curriculum.

A phased transition may be worth exploring. This could include supported visits, gradual integration or a carefully planned transition programme, rather than an abrupt move from one setting to another.

The current school’s view that he is “not ready for mainstream” is relevant evidence, but it is not decisive. That view is, in substance, an assessment of suitability. However, neither suitability nor cost is a free-standing ground for refusing mainstream education, although financial implications may be relevant when deciding whether a particular step intended to prevent incompatibility with the efficient education of other children is reasonable.

The key question is whether mainstream education would be incompatible with the efficient education of other children and, if so, whether that incompatibility could be avoided by reasonable steps. The focus should therefore be on what provision and adjustments would enable him to succeed.

The school should also be asked to explain precisely what difficulties it anticipates, what evidence supports its view and whether those difficulties could be addressed through additional provision, adjustments or a phased transition. Its acknowledgement that he does not always show his true abilities in school is also relevant and may justify obtaining further assessment.

No one could responsibly determine from the information given whether mainstream or special school would ultimately be best for him. The immediate task is to obtain a reliable picture of his current abilities and needs, identify what support he would require in mainstream, and compare that with the curriculum and opportunities available at the proposed special school.

If, following a formal review, the local authority decides not to amend the EHCP, or issues an amended final EHCP which retains the special school, you may appeal to the First-tier Tribunal. The Tribunal should first consider any particular mainstream school requested under section 39. If that school is rejected, it must then apply the section 33 presumption in favour of mainstream education. Unless the statutory exception is established, mainstream must be specified as the type of placement.

Summary

In summary, it is legally possible to move your child from a special school to mainstream education, and the statutory framework contains a strong presumption in favour of mainstream where that is the parent’s wish. The local authority cannot simply prefer special school because it considers it more suitable or less expensive. It must consider whether mainstream education would be incompatible with the efficient education of other children and, if so, whether that difficulty could be avoided by reasonable steps.

The practical starting point is to request an early review of the EHCP, or a reassessment if your child’s needs or abilities have materially changed. It would also be sensible to gather up-to-date evidence about his academic potential, communication, social development, access to an appropriate curriculum and the support he would need in mainstream. Visiting possible schools and exploring a phased transition may also be helpful.

The current school’s view that he is “not ready” is relevant, but it is not decisive. That is essentially a view about suitability. Neither suitability nor cost is a free-standing ground for refusing mainstream education, although financial implications may be relevant when deciding whether a particular reasonable step could prevent incompatibility with the efficient education of other children. The central question is what provision and adjustments would enable him to succeed.

This summary is included only to assist with the main points. It should not be read in isolation or treated as a substitute for the substantive response above, which contains the fuller legal explanation and important qualifications.

I hope this is of some assistance. Please ask any follow-up questions you may have. I also look forward to reading any additional comments.



Sean Kennedy

16 Jul 2026

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