EHCP help, school rejected my son

[Disney101]

Hello, is there anyone who could help explain this to me regarding my sons ehcp. One of the schools the local authority sent his draft to has come back with this;
The child’s attendance at the school would be incompatible with the provision of efficient education of the children with whom the child would be educated or the efficient use of resources.

Luckily it isn’t the school I want him to go to but it’s the only one who has replied so far and is making me nervous others may do the same but I can’t understand the wording what it really means

I don’t know much about ECHPs but I would say that means that they’re not willing to accept him?

For schools that are not 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 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.

This is set out in section 39(4) of the Children and Families Act 2014. Unless the LA can prove one of the above, they can and must name the school even if the school objects or doesn’t reply to the consultation. You don’t need an offer of a place. That is only required if the school is wholly independent.

The bar to prove one of the above is high. Far higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. So, if the LA refuses to name your preference, you need to dig into the specifics rather than the vague reasons LAs often rely on. For example, ask what resources or other children? What incompatibility? Is it really incompatibility with efficient education or only incompatibility with providing an education in excess of what is considered an efficient standard of education? Could anything reasonably overcome the incompatibility? What are the cost comparisons?

So it isn’t quite that the school have rejected DS. They have objected when consulted.

Thank you so much for explaining all of that, that makes me feel a lot better. I’m waiting to hear back from my school of choice hopefully in the next couple of weeks I will no what’s happening. Thanks again for your help.

If you haven’t already, it is worth contacting the school to ensure they have a full and accurate picture. LA consults are notorious for providing only part of the picture &/or incorrect information. Do the same with any other schools you know have been consulted or may have been be consulted.