Can a child go to any secondary school with an ehcp?

[char187]

Hi,

My son is only in year 4 but I know I have some big decisions to make regarding secondary schools. I'm setting some meetings up with 4 different secondary schools after the easter hols.

I'm just wanting some advice as some I've been given seems to be conflicting.

My son is autistic and has an ehcp.

Paediatric dr told me in a recent appointment that he cannot go to any school, it's a long complicated process and I need to get the ball rolling as there are not many spaces in the sen units attached to the schools. I mentioned a specialist school I was hoping my son could attend but she told me no as my son is too advanced. Bearing in mind she only sees him once a year for a 10 min appointment. She said the best school for him would be the one I've heard gets not the best reviews.

The autism specialist who deals with my son through the council (comes to all ehcp meetings etc) told me the special needs school could be an option however there are others I need to look at which is fair enough. I know I need to look at them all.

A mum at ds swimming class told me yesterday that any secondary school regardless of wether they are a special needs school or not has to take the child as long as there is an ehcp in place. Her son has Down syndrome and he starts in September.

I know I have to view all schools but 2 of them I already know won't really be suitable. They are excelllent schools academically but children who attend with special needs tend to be left behind. I've asked many parents who all say they wish they had chosen other schools. I'm going to have a good look round them anyway - probably more than once but I'm not getting my hopes up for these schools.

Which leaves me with 2 schools. The special needs one and another one which may be quite promising. It's new with a special needs unit attached. The special needs school is close to where we live. The other one is miles away but I'm guessing he would get a private taxi?

My son is way behind academically. In maths he is doing year 1 work. Everything else all depends on if he is interested in the subject. He can read very well, his writing is getting there but there's no punctuation. He will only write about his interests which are Thomas the tank, Batman and our dog lol. He absolutely loves writing stories but these are ones he already knows. For example he will write a full episode of Thomas the tank that he's seen on tv. On a good day, he may write about whatever the subject is. I just don't see him being able to do lessons and the actual work in a mainstream secondary school.

I know every area is different and I don't expect any guaranteed answers here but I know I need to make a start and I want the best for my son.

Basically, my question is, can you attend any school as long as an ehcp is in place? Deep down I feel the special needs school is best but I obviously know I haven't even looked at any yet. I just feel I would have a battle on my hands to get him a place.

Thanks

They can attend any school which is capable of reasonably meeting their needs. A school can refuse a student with an ehcp for two reasons:

1. that they are unable to meet his needs. This may be because there is a requirement for specialist interventions to which they would not normally have access. If they are interventions which the local authority could have provided through their therapy team then the school is obliged to accept the student. However if there is any significant difficulties which requires specific high level trained staff which would normally be accessible to a mainstream school or reasonable for them to employ when they could refuse. They could also refuse if the ehcp requires facilities and Resources which they do not have, for example sensory rooms with specific equipment or staff or rebound rooms.

You can of course appeal such a refusal and the local authority may commit to providing these resources to the school which would negate the schools objection, however tribunals very rarely demand this as it is often an unreasonable allocation of funds when the allocation already exists in other schools which the local authority has.

2. schools can refuse when educating that student would have a negative impact on other students being educated in the provision. Examples of this may be where there is a serious mental health difficulty with significant levels of regular self-harm, or physical outbursts, which may cause either harm or significant distress to both staff and students.

Otherwise if the student's needs in the ehcp can be met by facilities which the school has announced in their local offer then they have no alternative but to accept the student.

If your preference is for a mainstream placement, the LA cannot refuse to name it unless placing the child there is incompatible with the efficient education of other children and there are no reasonable steps that can be taken to overcome the incompatibility. There is case law that effectively means that it is really difficult for a mainstream school to say no, and that it doesn't matter if the steps that have to be taken to make the placement work make it more expensive than a special school.

If you prefer a special school placement, then the legal issues are as EeAiche describes.

However, bear in mind that if you opt for a placement that is some distance away, the LA may well be entitled to refuse to provide transport: their only duty is to provide transport to the nearest suitable school.

I wouldn't pay any attention to Ofsted ratings and reviews, the only issue is whether the school can meet needs. I recently heard a talk by an autistic young man called Dean Beadle (I recommend listening to him if he comes to your area) at which he attributes the fact that he managed to turn things around to the fact that he was put in a school in special measures: because every problematic child got dumped on them, they had become used to, essentially, putting in place bespoke individualised provision for each child and for him it worked like a charm.