Parent Asks:

Our son is in a specialist nursery. Therefore, Section I states 'specialist' for the setting type. We were informed that for phase transfer primary school for September, they would approach multiple mainstream schools and only one specialist setting (our preferred choice).

The LA approach any setting without any given thought firstly, should these not be settings they envisage him at and carefully selected before sending it out to anyone for the setting to make their own decision?

Our son is in a specialist nursery. Therefore, Section I states 'specialist' for the setting type. We were informed that for phase transfer primary school for September, they would approach multiple mainstream schools and only one specialist setting (our preferred choice).

The LA approach any setting without any given thought firstly, should these not be settings they envisage him at and carefully select before sending it out to anyone for the setting to make their own decision?

IPSEA Answers:

As a parent, you have a right to request specific types of schools are named in your child’s EHCP. These are set out in section 38(3) of the Children and Families Act 2014 (“CAFA”) as follows:

(a) a maintained school;

(b) a maintained nursery school;

(c) an Academy;

(d) an institution within the further education sector in England;

(e) a non-maintained special school;

(f) an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval).

If you request one of these types of placements is named in the EHCP, then the LA can only refuse if one of the following reasons applies as set out in s39(4) CAFA:

(a) the school or other institution requested is unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned, or

(b) the attendance of the child or young person at the requested school or other institution would be incompatible with—

(i) the provision of efficient education for others, or

(ii) the efficient use of resources.

Before making a decision, the LA must consult with your choice of placement. The LA can also choose to consult with other placements it deems may be appropriate (s39(2)(b) CAFA). The starting point when naming a placement must always be the parent’s choice though.

Section I names the placement and the type of that placement to be attended, so the type currently in your child’s plan is the type of placement they are currently attending. This can potentially change any time an EHC plan is reviewed and/or amended. A plan which names a special placement now could be changed to name a mainstream at the next review; it should not be assumed that the placement type will always remain the same throughout a child’s education. The decision should always be based on the available evidence and the parent’s preference.

With regards to transport, unfortunately, children under compulsory school age have no automatic right to transport. Compulsory school age starts on the first day of the term following a child’s fifth birthday. However, s509A of the Education Act 1996 does give LAs the discretion to provide transport for this age group when necessary so we would suggest that you challenge this decision. You can find information about how to do this here:  https://www.ipsea.org.uk/appealing-decisions-about-transport.