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 special educational needs and/or disability (SEND) and the special educational provision required to meet the needs of the child or young person in question on an individual basis.
A school will be unsuitable if:
- It does not cater for the age of the child/young person – for example you ask for a primary school when the child is secondary school age or vise versa
- It is not designated to cater for your child/young person’s or disability (SEND) – for example you ask for a school for children/young people with a severe learning difficulty when your child/young person moderate learning difficulty or vise versa
This test does not apply to the right to mainstream education, as mainstream is or can and must be made suitable for all children, unless that results in incompatibility with the education of others. But it may apply to a particular mainstream school if:
- the school has allowable aptitude tests – for example is you asked for a Grammar school and your child/young person had not passed their 11+
- the school has not already been equipped with facilities or adaptations to meet the needs presented by a particular type of SEN or disability – for example you have a child with a hearing impairment and the particular school you have asked for does not have the required hearing aid loops
In these situations, you will be requested to choose an alternative mainstream school.