My child has a statement of special educational needs – can they go to any school they want?
Basically, yes. A formal statement of special educational needs means that a child’s needs are recognised and resources will be allocated to their needs.
Also, virtually all schools now abide by the Government’s code of practice which clearly indicated that in terms of admission criteria into schools, a statement of special educational needs should go at point number 1, having the same status as looked after children.
Theoretically then, a school with a really good reputation for SEN could admit a higher proportion than you might have otherwise expected.
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I regret that I must disagree with the comments here.
ReplyDeleteA parent whose child has a Statement is entitled to name any school that he thinks can meet the child’s needs – the s9 Education Act 1996 duty.
This reads:
Education in accordance with parental wishes
9 Pupils to be educated in accordance with parents' wishes
In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State, local education authorities and the funding authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.
The catch is of course
“provision of efficient instruction and training and “
“the avoidance of unreasonable public expenditure”.
Since all mainstream schools regard themselves as being inclusive, and are encouraged to by the LA, then the first point is seldom debated, though may be where a parent wants the child to attend a special school where the child does not meet the entry criteria.
The discussion normally takes place around “the avoidance of unreasonable public expenditure “. The LA don’t have to agree with the parental wishes if the parental choice of school is more expensive than the LAs own choice or in the LAs view inappropriate.
If the parties cant not reach agreement then the only recourse is to go to the Special Educational Needs and Disability Tribunal.
Where the LA agree to a school further away than the closest school then the parent may well be offered the placement under the condition that the parents pays for the travel costs to the school further away.
If a child is at School Action or School Action Plus then these arrangements do not apply and the child gains entry to the school via the normal school admissions procedures.
Nigel Pugh
nigel.pugh@educationadvocacy.co.uk