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Taking children out of school during term time
I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.
Mark Walker
16 Sep 2023
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Can council name an out of area mainstream school instead of a local school if both can meet need?
We visited a large number of local mainstream schools (including some suggested by SEN case worker) but didn't think any of them could meet the needs in the EHCP. Therefore we named a specialist school, and an out of area mainstream more experienced in supporting children with similar needs to our daughter. The LA consulted with an additional 4 schools which we / SEN case worker did not consider. We had been clear to our SEN Caseworker that our preference was for a mainstream school if they could meet all of the needs in the EHCP, but that we had not found one locally.
LA named the out of area mainstream due to 'parental preference', and are therefore saying they won't provide transport as they could have named a local school.
What are the scenarios where LA can name a school that was not listed in parental preference? Can LA account for broader information by provided by the parents, not just the actual listed schools?Charlotte G
15 Mar 2024
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Can the LA impose their own policy on consulting schools?
We have a "transition review" coming up (child in year 6) and also a contents tribunal a few weeks after that. Perhaps because of the latter, the LA are being particularly hostile and obstructive towards us.
We want them to consult with a non-section 41 school which we belive meets our child's needs. The school has indicated they'd be happy to receive evidence from us e.g. Tribunal Working Document, reports from experts (e.g. OT and EdPsych) which give a fuller picture than the current EHCP, but they want the LA to consult.
We have good reason to think they will object and try to obstruct on various grounds (which they've used recently with others)
- Refusing to consult one school before consulting others (Catch 22 for us as it's non Section 41 and we need to know whether they'll offer a place before we can name it)
- They have an internal policy that they insist on naming at least two or three schools and that one of these must be mainstream. This to me sounds like a blanket policy they've imposed locally and not law. Can I challenge it?
- Can they refuse to disclose accurate information to any other schools they consult (e.g. their own schools), if we disclose that they share it - e.g. working document, expert reports etc.?
thank you
OJ -
Legally, can the LA name a special school on the current EHCP, specifying a start date for next September (2024), and stating that they agree EOTAS until then?
We suspect that the school is unsuitable for our daughter aged 12. The LA have offered EOTAS in the interrim, until the school place becomes available in a year's time. We do not know whether know whether our daughter will be in a condition to be able to go back to school at that point, but suspect not, so would prefer the EOTAS to be unlimited.