LA consulting with a school we did not name

[Veronica25]

Hi

DD who is in year 6 has been issued with an ECHP recently and they have started the consultation for Secondary School, we named one school which is outside our borough. I understand the LA needs to name it unless they school says they can not meet DD needs; I don't think this will be the case as her needs and plan is not complex, just additional support mainly with TA and few other things like Language Therepay and a couple of innervations for English and maths per week, plus a bit of support with other subjects.

I have just received a call from a school we did not name which is closer to us. Why is the LA authority consulting with other schools?

What are our chances or getting a different school we did not name? and in that case how do we appeal?

This process is getting me stressed.

Thank you for your advice/help

They may name your choice of school, but refuse to pay transport. If both are state schools, basic costs will be roughly the same, but if you then wanted transport, could add a lot of money, so if closer could meet needs, they will argue against the travel costs (hope that makes sense).

Thank you. We have not requested transport, also the SEN application says that if you choose a school further away you have to arrange your own transport which we are happy to do.

They just replied to me that they have consulted with our preferred school and also he LA preferences which they think could meet DD needs. I really don't know why they have to consult with other schools we have not named, is this in case the school we named says they can not offer DD a place for whatever reason?

Will relax once we have our preferred school named on the plan.

Unless the school is wholly independent the LA must name you preference unless:

• 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.

However the LA can consult with other schools and often consult with the nearest school they believe can meet DC's needs. This is because many LAs name a school as parental preference and then refuse to pay transport costs (this is the case whether you have requested transport, mileage or not). If this is what they do SENTAS can help you challenge it. See their page here.

Thank you for the link Imi. Will keep it in mind just in case they name a different school. We have not requested transport and will not request it as DD can go there by public transport. They did specify in the application you have to arrange your own transport if you choose a school which is not walking distance.

It is unlawful for the LA to have such a policy.

It could be worth making it clear to the LA that you have no intention of applying for transport.

Thank you. We did put it on the application but will email them to reassure them.

Hi,

I would appreciate some opinions about the answer below from the LA.

As previous threads DD was issued with an EHCP at the beginning of November last year. We sent the SEN application naming our preferred school and they told us they needed to consult and we will find out in January.

I have just emailed the LA asking when are we going to find out about the school allocation and this is their answer:

'You will receive a letter and proposal to name the end of next week'.

What does this exactly mean? I thought they will just name the school we chosen . Do they want us to name another school? I gather they are not happy because the school we chosen is in another borough.

The SENCO person in school also asked me last year if we put a second choice. I said not, because the LA can only refuse the school we choose in limited circumstances, she said we should have put a second choice as they are not obliged to give us the school we chosen (not in those exact words). She has been very keen on us putting another choice.

I know if we put a second choice they will give us that one. Whatever is more convenient for the LA not for DD.

I would presume the LA plan to send a letter with the school they propose to name next week.

The LA has until 15th February to finalise amended EHCPs during phase transfer year.

The SENCO is wrong, as per my pp there are limited reasons the LA can lawfully refuse to name your preference. However, that doesn’t stop the LA acting unlawfully and forcing parents to appeal.

Thank you very much. That's probably what it means. I just interpreted it as they want us to name another school. I will relax once we know.

If the school is in another borough your local authority have to apply to that local authority for a place. They do not have claim to places in a school out of their control. In order to secure a school place they will consult with their own schools as well. If the other local authority respond to say the school is full they are not obliged to make a place available for a pupil from a different authority... unless their admissions criteria says otherwise.

Haveasay that isn’t correct. With an EHCP the only legal reasons to refuse to name the parental preference, other than wholly independent schools, are those posted above.

The LA the child is in is ultimately responsible. Unless they can prove one of the lawful reasons the child’s LA can, and must, name the school regardless of the school’s or LA the school is in objections.

IPSEA page confirming this.

Also, being ‘full’ (which isn’t defined in law) is not enough of a reason on its own to refuse to name the parental preference, the LA must prove they are so full admitting the child is incompatible, which is a relatively high bar - higher than a mere an impact on, adverse effect or prejudicial to.

Imitatingdory having worked in the field i know that the local authority where child lives is responsible but they have no claim on places in schools within another authority, so although they can request a place is isn't in their gift to make that decision. Ultimately parents could take the other authority to tribunal.
Let's hope it is agreed without that stress.

Haveasay read the IPSEA link. Legally it is the child’s LA who make the decision regardless of whether the LA where the school agrees or not. They can (and must comply with parental preference unless they can prove one of the above exceptions) name a school in another LA and that school must admit (exception being wholly independent schools).

”The final decision rests with the LA where the child or young person lives. Even if the school or college, and/or the LA where the school or college is located (if different), objects, the home LA can still choose to name the school or college in the plan.”

Your LA may say “they do things differently” but they are acting unlawfully.

Also, parents don’t “take the other authority to tribunal”, it is the LA where the child lives who any appeal is against.