Can college insist son does not attend

[1derwoman]

Hi,

I have two older teenage sons. Both boys have additional needs. One (19) is attending a local college of a part time basis. The other (17) is undecided what to do , but he is considering college in September.

I attended the Education, Health and Care Plan (EHCP) review for my eldest recently. The review went well. However, during the review, i was told that 'a caveat of [eldest] attending college was that [youngest] did not attend the same college'.

There has been some conflict between the two boys and they were subject to child protection plans at one time and their behaviour towards each other was a primary risk factor. However, they are older, live separately from each other and the plans are obsolete.

AIBU to feel that somehow this caveat is not legal. I have no intention in encouraging my youngest to attend the same institution as my eldest, but can a college insist on this provision as a condition of my eldest son's placement?

Technically yes. If your youngest has an ehc the setting will be consulted with if he applies there and they can refuse on the grounds of it being incompatible with the education of others. It is very possible that it would not be upheld, but if there is significant previous history it may well be , particularly if there are colleges he could equally as easily attend and there is no niche course requirement.

Unsure what the college is like in terms of sizing and timetabling but the chances of them bumping into one another in the college I teach at are slim. Everyone is given a separate timetable, they may be in on different days or at different times and dependent on what they both choose to study, they may also be in separate buildings or separate areas of the building. I wouldn’t see them attending the same college as much of an issue at all. We have thousands of pupils, the chance of two in separate classes clashing regularly is next to none.

Yes. As they have a duty of care for all students and, when they are aware of possible conflicts, they can take the decision not to offer places to anyone.

They have told you how they intend to protect your eldest, their student, based on the information they have from the ECHP.

In the collage that my Dd goes to, they would bump into each other.

In a lot of Colleges, if they were using Student serves for pupils with AD, then again , there would be a chance that they would cross paths.

Besides from that, one may seek the other out.

If it has been that bad that a CP plan was needed and they now live separately, then this is a reasonable stipulation.

The College shouldn't have to manage this situation and risk having them have to leave part way through their study year. If there is alternative provision, it should be used.