Back to School/Choosing a school series
What to consider and remember
Right to mainstream education
Inclusive Education, and access to it, is one of the principles that underpins the SEN and Disability Code of Practice.
The law says:
- Children and Young People without Education, Health and Care Plans (EHCPs) must be educated in a mainstream setting unless parents and carers choose to make other arrangements such as home educating or paying for private education.
- Children with an EHCP whose parents/carers want them to attend a mainstream setting have a right to this unless
–a mainstream placement would be incompatible with the efficient education of others, and
-there are no reasonable steps the Local Authority could take to avoid this.
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Mainstream School Admissions:
Mainstream schools:
- must consider applications from parents of children who have Special Educational Needs (SEN) with no EHC plan, based on the school’s published admissions criteria, as part of normal admissions procedures
- must not refuse to admit a child who has SEN with no EHC plan because they do not feel able to cater for those needs
- must not refuse to admit a child on the grounds that they do not have an EHC plan.
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Specialist school admissions
In most cases, a child or young person will need an Education, Health and Care Plan (EHCP) to be admitted a place in a specialist school. This could be through being assessed for the first time for an EHCP or following a review of an EHCP.
There are a few limited situations where a specialist placement without an EHC plan is possible:
- During an EHC needs assessment, if everyone involved agrees.
- After a change in circumstances, if the local authority, school/college, and parents or young person all agree.
- If the school is a hospital special school.
- If the parent carer has privately funded an independent or non-maintained special school/college.
- If it is a Special Academy that chooses to admit pupils without EHC plans.
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General Preference Forms
It is not uncommon for Local Authorities to ask parents to complete a ‘general preference form’ so their preferences for schools can be considered. These forms apply to children and young people without an Education, Health and Care Plan (EHCP).
If you have an EHCP, or are in the process of finalising one, you have the right to request a particular educational setting, or express a preference if it is independent (private). You may wish to provide a list of settings other than your first choice, but you are not obliged to do this.
IPSEA’s Choosing a school/college with an EHC plan page gives more information on how this legal process works.
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Finding about the SEN support available in school
This information must be published on the school website – usually in the form of a SEN Information Report and/or a SEND policy.
Although sixth form colleges and FE colleges are not under the same obligations to produce SEN Information Reports, they should have information available on their policies and the support they offer.
Your local authority’s Local Offer (available on your LA website) should also contain useful information about the type of support available.
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SEN Information Reports
By law, all schools should prepare an information report on how they support children and young people with Special Education Needs (SEN) and Disabilities (SEND), and make this available on their website.
The report must be reviewed annually and must contain information about:
-What additional support is available and how the school arranges, assesses and reviews SEN support for pupils
-How the school reviews its effectiveness at providing SEN provision
-How the school adapts its curriculum for pupils with SEN
-How the school enables pupils with SEN to take part in activities with other children without SEN
-Support that is available for improving the emotional, mental and social development of pupils with SEN.
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Children and Young People with EHCPs
Parents or young people have a legal right to request that a particular school or college is named in an Education, Health and Care Plan (EHCP). They can also express a preference for an independent school, college or other institution.
A parent or young person will be able to request a particular education setting when they receive a draft EHC plan or an Amendment Notice amending an EHC plan. This might be when they are getting an EHC plan for the first time; if the EHC plan is being amended after an annual review; or if the EHC plan is being amended at any other time.
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Types of school or college that children and young people with EHCPs can request
If a parent/young person requests one of the following types of school or college, the LA must consult with them:
- A maintained school or nursery (mainstream or special)
- An Academy (mainstream or special)
- An institution in the Further Education sector (e.g. college or sixth form)
- A non-maintained special school
- A section 41 school (you can search for this online).
Parents and young people can also request an Independent school or setting; the LA may consider this request, but there is not a legal duty on them to consult with Independent settings.
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What happens after making a request for a school with an EHCP?
A local authority, before naming a school, must consult:
(a) the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and
(b) if that school or other institution is maintained by another LA, that LA.
The LA should give them 15 days to respond. If they fail to respond, the LA does not have to wait to make a decision about naming a school/college.
The final decision rests with the LA where the child or young person lives. Even if the school or college, or the LA where the school or college is located (if different) objects, the home LA can still choose to name the school or college in the plan.
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Talks with your preferred schools (consultations)
Once you have let the local authority know your school preferences, they will start formal talks with these schools, also known as consultations. As long as your preferred school is one you are entitled to request, they must name it on your child’s final EHC plan if:
- the school is suitable for the child or young person’s age, ability and aptitude and the special educational needs set out in section B of the EHC plan
- the child or young person’s attendance is compatible with the education of other pupils in the school
- the placement is a good use of the council’s resources
If one of the above does not apply, the LA may name a different school they believe is suitable.
The named setting must admit the child or young person.
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Key dates – Applying for a primary school place (without an EHC Plan)
You must apply for a primary school place a year before your child can start school.
Applications open in September and close on 15 January. Your child will be 3 or have just turned 4 when you apply.
You need to apply by 15 January even if you want your child to start part-way through the year.
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Key dates – Applying for a secondary school place (without an EHC Plan)
Applications usually open on 1 September. The deadline for applying is 31 October.
Your child is less likely to be offered a place at their chosen schools if you miss the deadline for applications.
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When you’ll find out
Local Authorities (LAs) will send offers of schools (to pupils without an EHC Plan) for:
- primary schools on 16 April
- secondary schools on 1 March
If either date falls on a weekend or a bank holiday, offers are sent the next working day.
You must accept the offer by the deadline given in the offer letter. Otherwise, it may be withdrawn and the place given to someone else.
If you are not offered your preferred school or schools, the LA will write to you with details on how to appeal the decision. The LA must provide a place at another school if your child is not offered a place at any of the schools you’ve applied for. This is usually your nearest school with places still available.
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What is a key stage transfer?
A key stage transfer is when a child or young person moves between key stages of education. This includes the move from:
- nursery to reception
- infant to junior school
- primary to secondary school
- secondary school to education after the age of 16
- If your child is aged 16 or over and is applying for a college or sixth form place, they must apply directly to the college or school.
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The key stage transfer steps for a child or young person with an EHCP
- Your child’s current school should review your child’s EHCP plan in line with the statutory annual review process. When a child moves between key stages of education, some local authorities refer to it as a key stage transfer review. This should usually take place in the Autumn term the year before the transition.
- During this transition review process, you give your local authority your preference of school or schools. The local authority issues an amendment notice following the annual review meeting, which includes any proposed changes to your child’s EHCP.
- The local authority will have formal talks with your preferred schools, also known as consultations.
- The local authority will update your child’s EHCP with the new school and any other changes from the key stage transfer review. This step is called final plan.
- If you are not happy with the changes or the school named, you will have the right appeal explained in your decision letter.
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Final Education Health and Care Plans (EHCPs)
The final EHCP following a key stage transfer review:
- includes any changes from the amendment notice issued after the annual (or transfer) review
- names the child or young person’s new school, college or setting
It must be issued by 15 February for:
- early years provider to school
- infant school to junior school
- primary school to middle school
- primary school to secondary school, and
- middle school to secondary school
It must be issued by 31 March in the calendar year of transfer for all young people moving from secondary school to a post-16 institution or apprenticeship.
Transfers between post-16 institutions must take place and EHCPs must be amended and issued 5 months before the transfer takes place.
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