Name only one school for phase transfer with EHCP

[ImRonBurgandy]

Hi,

My local authority only allows one school to be named at phase transfer to Y7. Is this lawful, and if not has anyone challenged this. Surely it's discrimination - children without EHCPs get 6 choices!

Your LA is acting lawfully. It isn’t discrimination. The rules are different which mean DC with EHCPs don’t need 3/4/6 (depends where you live) choices.

With an EHCP, unless the school is wholly independent, parental preference must be named 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.

That is why you don’t need six preferences. The whole process is different.

Ok thanks! People seem surprised about the one choice only which set me wondering.
Do you happen to know if a special school is requested at phase transfer, does the school get consulted and decide if it can meet need before the special schools panel, or after? Or does it depend on LA?

The law is the same whatever LA you live in. Special schools work the same way as mainstream schools even if the LA tells you otherwise.

What happens is:
At least 2 weeks before the review meeting, advice and information is circulated.
You have the review meeting.
Within 2 weeks of the meeting, the report is circulated.
Within 4 weeks of the meeting, the LA informs you they propose to amend (or in theory potentially propose to cease to maintain) and send you the draft. (They can’t maintain as is for a phase transfer. It must be amended.)
You then get the chance to make representations and state your preferred placement.
School(s) will then be consulted.
Within 8 weeks of sending the amendment notice, the LA must finalise. For phase secondary transfers, they must finalise naming the secondary placement by the 15th Feb.

The LA can hold as many ‘panels’ as they wish at whatever point they want. It doesn’t change the law.

Unless the school is wholly independent, the school does not need to agree to being named.

Parents don't have to complete a separate admission form even if the LA wants them to.

It is worth reading ISPEA and SOSSEN's websites so you understand the process better.