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Can a SLD/PMLD school refuse to take MLD child?

(6 Posts)
DontWantToBeOutted Wed 05-Feb-14 16:47:39

Child has already been placed in school for SLD/PMLD and the placement broke down as did not meet her needs Since leaving the school child has been reassessed and new statement issued, needs specialist asd provision - due to behaviour and has MLD.

No specialist ASD provision in county.

Does SLD/PMLD school have to take child (even though they say they can't meet the childs needs)

Who has final say, school or LEA?

ouryve Wed 05-Feb-14 17:02:14

I would presume that their particular programs aren't geared up to your DD's learning needs. If their pupils are typically either learning very slowly, in very fine steps or even at the level that their awareness of their surroundings is extremely limited, then that's not likely to be an appropriate placement for a child who is capable of racing ahead of their peers, plus possibly exhibits behaviours that the school doesn't have the structures to work on and which may be distressing for pupils who are more vulnerable.

I would also say that being in an environment where needs are not being met runs the risk of precipitating more difficult behaviour than your DC is already exhibiting.

Are there other special schools in the county? In many counties, they tend to vary in their expertise between schools.

lougle Wed 05-Feb-14 17:25:08

The LA has the final say, but the parents can appeal on the basis that the school has said they can't meet need.

DontWantToBeOutted Wed 05-Feb-14 17:35:24

Not my child - I've been vague as I can't give many details.

School don't want child there - parent does despite accepting school is not the right placement (why I don't know).

Trying to establish if school can refuse, child has previously caused injury to staff.

lougle Wed 05-Feb-14 18:33:37

No. The school can say that they can't meet need on the basis of the child not being a specialist ASD school as per statement and having no suitable peer group for a child with MLD.

The LA can either support the school and refuse to name it on the statement -the parents will have right of appeal.

OR

The LA can support the parents and name the school, at which point the school will have to accept the child. The school will then, inevitably, build enough evidence to hold an emergency review and demonstrate that the school can't meet need. The LA will then have to name a new school, at which point the parents will have a right of appeal.

magso Wed 05-Feb-14 18:38:18

As far as I know schools can refuse a child if they cannot meet the childs needs or if the child might pose a risk to the education or safety of other children. However the LEA can override the school. Schools often get forced to take students they have tried to refuse.

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