Parent Question:

We had to take the LA to Tribunal to get our granddaughter, who has DS into the school of our choice. Is this decision portable between local authorities?

IPSEA Answers:

Unfortunately the decision re placement made by the SEND Tribunal is not portable. It would be for the new LA to decide, within six weeks of the family moving to the new authority, whether they will maintain the statement as it is (including leaving the name of her current school in Part 4) or whether they would be looking to reassess your granddaughter’s needs, transfer her to an EHC plan and potentially name a different school. Ultimately it will come down to costs and whether the new LA feel they have a suitable school nearer to where they will be living which is cheaper. However, given it was impossible for the current LA to show this was the case it may well be that the new LA do not have such a school available.