Can a child attend a different school to the one named on an EHCP?

[EHCP22]

Hi everyone,

The LA has agreed to issue an EHCP (the draft is to be ready in January). My partner and I would like to name a school, which is not our catchment school. We feel that our chosen school very well suited for our child and the only way in would be if it’s named in the EHCP.

However, if we find that our child isn’t settling well, could we apply for an in year transfer to our catchment area school (it’s very likely that there will be places available)? Is it against the law for a child to attend a school different from the one named in the EHCP?

Thank you for reading.

Applications to schools for children with an EHCP must be made through the local authority. The school must be able to meet needs and any provision in the EHCP and confirm such to the LA.
I'm not clear why you want to name a different school if you feel the catchment school would be appropriate. Are you looking at a non maintained school? The local authority are duty bound to consider cost, so if placing at a school other than catchment would incur greater cost they may not name it?

Hi, thanks for your response. Our chosen school feels more suitable, our catchment one is quite big, so could be overwhelming for our child. I think that the LA will name our chosen one on the EHCP. My question is: If it turns out that it’s not good for our child can we switch to our catchment one without the involvement of the LA? Thanks

You wouldn’t apply for an in year transfer via the normal process as you would for DC without an EHCP. You would have to request an early review of the EHCP (which the LA don’t have to agree to and there’s no right of appeal) and ask for another placement, and appeal if the LA don’t amend as you wish. They wouldn’t be able to move to the catchment school without going through this process with the LA.

As I said and Justkeepbuilding has explained more thoroughly, the LA must be involved in the placement of any child with an EHCP. You cannot just decide to more schools without going through the process as described above.

In that situation you would have an annual review of the EHCP, which you could call early, (it doesn't have to be a year between reviews) in order to raise the topic of change of provision. Ask for LA representation in this instance. They may not attend. If they don't, you can proceed and ensure the preferred provision is named. The LA must consult with the provision the parents have named in an annual review.

Here is more information about annual reviews. Early reviews follow the same format, but the LA don’t have to agree to an early review and there is no right of appeal if the LA refuse.

Having an annual or early review doesn’t guarantee the LA will agree to amend section I, whether the LA attend the review or not. The LA may maintain as is and force you to appeal if you wish to move placement. They only consult with your preferred placement if they are going to amend.

Thank you all for your help.