Secondary school offered place which has been accepted, now says it cannot meet needs, and school won't talk to me about arrangements for CAT4 test

[res1psa]

Hi,

My son is going into secondary school in Hertfordshire next year. He has an EHCP and the plan was for him to go to a local secondary school (it's a state school, an academy). The EHCP was reviewed early this year and then he was offered a place at the school he wanted to go to. He accepted the place and I have been doing all the transition stuff. The school have just got in contact with me to say that back in February (before he was offered and accepted the place) they wrote to the local authority and told them that they could not meet his needs. Apparently (I am told by the school) the school then received something called a "directions letter" from the local authority and responded saying that they could not meet his needs. The school say I have to discuss this with my EH Co-ordinator. Obviously I have now got in touch with my EH Co-ordinator and am speaking to them tomorrow.

I just wondered if anyone has been in a similar situation or can give me some advice? The issues I have are:

1. Surely the school cannot do this after offering a place which has been accepted?
2. How can I deal with the school refusing to discuss anything with me? I'm fine talking to the EH Co-ordinator, but he has got the CAT4 test coming up and he would need limited adjustments for this (not extra time, I know you don't get extra time on the CAT4) and the school won't even talk to me!

Any advice will gratefully received.

If the school is named in section I of the EHCP, they must admit. The fact they have told the LA they can’t meet needs isn’t irrelevant. They must admit. The LA has directed they admit. You can force the school to admit, including via judicial review if necessary. Email the Headteacher reminding them they are named and, as per section 43 of the Children and Families Act 2014, they must admit. Copy in the Director of Children’s Services at the LA.

The school could, in theory, look at judicial review if they believe one of the lawful exceptions to being named is met. However, even where schools object to being named, this is very, very rare because schools know the bar for providing one of the exceptions is high. Far higher than they like to admit. Most academies also have the option of seeking the Secretary of State’s determination about whether they should have been named or not. Again, this isn’t common because schools know the threshold is high.