Full Academy rules

[Hellobee]

Does anyone know if an academy school says they are full if they must admit a child if written in the ehcp? They have not provided any further information other than being full and we really want this specialist school as it’s the closest to us and the only one that can meet needs.

The school have said their LA is being difficult as there are 3 classes of only 8 and adding one more child will not cause issues. The school have also said they can meet needs.

Our LA are refusing to name the school saying the other LA needs to agree.

What can we do and where do we stand. I had told my council a 100 times that full isn’t a lawful reason to not name the school but they are not responding.

I have followed the complaint process using IPsea template

Just push the LA to finalise and appeal. Complaining and going back and forth is unlikely to achieve anything.

As the school is an academy the LA must name it if it is your preference unless they 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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name it. The LA has to prove the school is so full admitting DC is incompatible. The bar is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. The LA can, and must, name the school regardless of the school’s objections unless they can prove one of the above reasons. The school being in another LA is irrelevant.

If an academy is named in the EHCP they must admit.

Do you have the school saying they can admit another DC without issues?

If you're being ignored after 100 attempts, you are wasting your breath. You'll need to appeal, though unfortunately currently it will be almost a year before your appeal is heard.