Choosing and naming a school (or setting) in an EHCP

August 27, 2023

Requesting a particular school/setting

Upon receipt of a draft EHCP, a parent or young person has a right to request the school they want to be named in the ...

August 27, 2023

What if I do not make a request for a particular school to be named?

In the event of a parent or young person not having made a request or representation for a particular school/setting within the specified period of ...

August 31, 2023

Right to a mainstream education

The law says a child or young person with an EHCP must be educated in a mainstream school or post-16 institution unless: parent or young ...

August 27, 2023

The Local Authority’s Duty to consult

Whether or not the parent or young person has made a request for a particular school/setting, before a school/setting can be named on an EHCP ...

August 27, 2023

Making representations for an Independent school not s.41 approved

Where a parent wants a place at an independent school (e.g. wholly independent nurseries, schools, colleges etc.) to be named on a child or young ...

August 31, 2023

Can a school/setting simply refuse because they think the child/young person’s needs are too great or because they are full?

No Whenever parents, or young people, ask for a particular school to be named in an EHCP the Local Authority (LA) must consult with the ...

August 27, 2023

Legally valid reasons the Local Authority (LA) can reject your request or representation

If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution, of a type described in s.38(3) C&FA ...

August 31, 2023

Is the school/setting requested suitable for the age, ability, aptitude or SEND of the child or young person?

This is one of the three legal tests that may apply when naming a school on an EHCP. This legal test requires consideration of the ...

August 31, 2023

Would the attendance of the child or young person be incompatible with the provision of efficient education for others?

This is one of the three legal tests that may apply when naming a school on an EHCP. This legal test requires it being clearly proven ...

August 31, 2023

Would the attendance of the child or young person be incompatible with the efficient use of resources?

This is one of the three legal tests that may apply when naming a school on an EHCP. This legal test requires a comparison of costs ...

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Requesting a particular school/setting

What if I do not make a request for a particular school to be named?

Right to a mainstream education

The Local Authority’s Duty to consult

Making representations for an Independent school not s.41 approved

Can a school/setting simply refuse because they think the child/young person’s needs are too great or because they are full?

Legally valid reasons the Local Authority (LA) can reject your request or representation

Is the school/setting requested suitable for the age, ability, aptitude or SEND of the child or young person?

Would the attendance of the child or young person be incompatible with the provision of efficient education for others?

Would the attendance of the child or young person be incompatible with the efficient use of resources?

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