The plan is sent to the schools and they can say they are unable to meet the child's needs and not accept him. Special schools are full so many are waiting around for a space.
Not quite. Unless the school is wholly independent, the LA must name the parent’s preferred school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
When consulted, schools can object, but unless they are wholly independent, they can, and must unless one of the above can be proven, be named even if they object. If the school is named in the EHCP, they must admit and can be forced to via judicial review if they try not to.
Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name the parental preference. The LA has to prove the school is so full admitting DC is incompatible. Which is a higher bar than many LAs and schools admit.
Although this doesn’t stop LAs from trying to refuse and forcing parents to appeal.