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 that the impact of the child or young person attending the school or other institution would result in an incompatibility which cannot be reasonably resolved.

This test requires identification of:

• concrete facts of what it is about the child/young person’s presence that would prevent the efficient education of others;
• the ‘others’ whose education would be rendered inefficient; and
• proof that all possible reasonable steps have been fully considered and found to be incapable of removing these barriers. (whether taking the step would be effective in removing the incompatibility, including:
• the extent to which it is practical for the early years provider, school, college or local authority to take the step;
• the extent to which steps have already been taken in relation to a particular child or young person and their effectiveness;
• the financial and other resource implications of taking the step; and
• the extent of any disruption that taking the step would cause

9.91 SEND CoP 2015