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choosing a school

(3 Posts)
kojackscat Mon 06-Jul-15 12:47:32

Hi, this is a bit complicated, I'll try to make it clear.

We began the EHCP process for DS when we lived in LA "a". Part way through we moved a few miles, and now live in LA "b".

LA "b" took over the EHCP, and have been v v slow, but that is not the issue here.

We have looked at many many schools, and the only one we think can meet his needs is a SS in LA "a".

I know DS has the right to be educated out of area if the school can meet his needs. and that LA "b" have the obligation to get him the correct schooling, even if it is out of area.

BUT, is LA "a" obliged to accept him?

LA "b" submitted his papers for consideration, but they could not sent it directly to the school, it had to go via LA "a".
LA "a" said No, without even speaking to the school, because he is an out of area child. This decision was made purely on the address we live at, not on his needs, the HT of our prefferd school has not even seen his papers.

I have looked at the admissions arrangement for this school on the internet, and it does not mention distance, address, etc, but I am not sure if 'arrangements' are the same as 'policy' which might state something about that.

These are the published arrangements:

* Admissions are offered by the LA and must be agreed by the Head Teacher who has been delegated the power on behalf of the Governors.

* Pupils will be in the 4 to 11 year age range.

* Pupils will have an Education, Health and Care plan or a statement of SEN in draft or final form.

* Admissions must allow sufficient time for the pupil to have a realistic opportunity of being re-integrated to primary mainstream education.

* The child’s admission must be clearly in its interests and must not be detrimental to the needs of other pupils and the broader school community in terms of behaviour, age, gender and learning difficulty.

* Prior to a child’s admission, parents/carers must have visited the school and the school will have made a home visit.

* Parents/carers are expected to support the school behaviour and dress codes.

* All pupils are expected to abide by the school behaviour and dress codes.

* A pupil must be capable of participating in the school community without an undue level of staff intervention and physical restraint. Any physical restraint will accord with xxx guidance and Team Teach practice.

So do you think that LA "a" can refuse him based on where we live?

thanks for reading so much waffle. smile

fairgame Mon 06-Jul-15 19:08:50

I just found this section from the IPSEA training it did.

If the school or institution is in another local authority, that local authority may also object. However, unless the “home” LA has established that one of the section 39 (4) conditions applies then they must name the school or institution and the school or institution must admit the child or young person (section 43 (2)).

This are the section 39 rules where an LA could refuse.
Section 39 (4)
This subsection applies where—
(a) the school or other institution requested is unsuitable for the age, ability,
aptitude or special educational needs of the child or young person
concerned, or
(b) the attendance of the child or young person at the requested school or
other institution would be incompatible with—
(i) the provision of efficient education for others, or
(ii) the efficient use of resources.

I don't think they can refuse based on that unless section 39 applies.

kojackscat Mon 06-Jul-15 21:08:03

Thanks, that's really useful.

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