Can LA insist on mainstream

[bootsandcats]

Hi,

My son has an EHCP, epilepsy and LDs. He is in mainstream primary with a 1:1 and we're looking at starting secondary in sept 2023. An Ed psych has previously stated he would be eligible for a SEN school.

We've had a look around some SEN schools and agree my son would fit in better there. However I'm wondering, if the mainstream school can technically meet his needs, would the LA insist on him going to mainstream? While I agree they probably could meet his needs at a basic level, I think he would struggle greatly academically and socially. It's a big school and he struggles with independence but they don't provide 1:1s. Can the LA insist on mainstream even if a Special school would clearly be better?

Thanks

but they don't provide 1:1s

If 1:1 is specified and quantified in section F it must be provided regardless of what the school normally do or don’t do. If it isn’t provided you can enforce it. There are plenty of pupils in secondary who have 1:1.

Unless it is wholly independent the LA must name your preference 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.

Although, they may force you to appeal.