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Securing a school place for a child with an EHCP (Primary School to Secondary School)

Last Updated - August 26, 2023

Securing a school place for a child with an EHCP (Primary School to Secondary School)

The transition from primary school to secondary school starts early, from Yr 5, for children with an education, health and care plan (EHCP).

The Torbay Local Authority will always seek to place SEND pupils in mainstream schools providing that:

  • The school is suitable for the child’s age, ability and aptitude and the special educational needs
  • The child’s attendance is not incompatible with the efficient education of other children in the school, and
  • The placement is an efficient use of the LA’s resources.

Usually your preferred mainstream school will be able to cater for your child’s needs. You should apply in the same way as all other parents, either online or using a paper form.

Apply for a school place – Torbay Council

Admissions for pupils with EHCP’s will be managed by our Special Educational Needs and Disabilities (SEND) section who will follow the SEND code of practice and consult formally with the governing body of your first preference school to establish whether the school can meet your child’s needs. We will also consider whether this is a good use of the council’s resources. A school cannot refuse a place simply because your child has special needs.

If your child has a new Education, Health and Care plan (EHCP) you will be asked to name your preferred school during the draft stage prior to the EHCP being finalised. If your child is currently undergoing an EHC needs assessment it is important not to presume an EHCP will be the result.

If your child already has an EHCP in place at primary school, it will be amended following an Annual Review. At the Yr 5 Annual Review secondary placement should be discussed and appropriate referrals submitted if a move to a special school for Secondary transfer is being suggested. This is also a good opportunity to update the outcomes and needs of your child within the EHCP. You will be asked to name your preferred school during the draft stage prior to the amended EHCP being finalised. It is therefore helpful if you and your child start visiting possible primary schools in advance of the Annual Review.

The SEND code of practice suggests that education, health and care plans should be reviewed and amended in sufficient time so that planning and commissioning of support can take place before children move between key phases of their education.

The deadline for amending an EHCP with the details of secondary school/provision is 15th February in the year they are due to transfer.

If you would like to discuss the school, college or provision that is named in the EHCP then you can contact the Torbay SEND team. If you disagree with the setting or provision we have named you can appeal to the SEND Tribunal.

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