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Here you'll find advice from parents and teachers on special needs education.

What happens to the named school of an EHCP is ceased to be maintained?

4 replies

EHCP22 · 29/06/2023 19:57

Hi all,
Hypothetically, what would happen if a school is named on a child’s EHCP and the EHCP is ceased? Would the school not allow the child to attend anymore or would they have the right to remain in the setting? Many thanks

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Relaxinghammock · 29/06/2023 20:33

If the LA proposes to cease to maintain and the parent appeals that the LA must continue to maintain it until the appeal is finalised.

If the parents didn’t appeal or were unsuccessful, whether the pupil could continue to attend would depend on the type of school and, if it is independent, whether the parents will/can pay the fees. For example, if it is a state MS the pupil could remain on roll, but if it is an independent school and the parents can’t pay the fees then unless there is an alternative funding source they won’t be able to remain.

EHCP22 · 29/06/2023 21:25

Hiya, thank you for your response. It’s a state Mainstream school, but not our catchment one. It’s very sought after and oversubscribed. It really is a hypothetical question, as I don’t think the LA would have grounds for withdrawing the EHCP. I was just wondering if the school would have legal grounds to exclude a pupil if they no longer had an EHCP.

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Relaxinghammock · 29/06/2023 21:38

In that case, DC won’t be forced to move if the LA cease to maintain. The school cannot just exclude because the EHCP has been ceased.

EHCP22 · 30/06/2023 07:39

That’s good to know, thank you

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