Can LA force a move to a special school?

[sr123]

Can a LA force a child to move from mainstream to a special school (one that we don't want and that won't meet his needs) before there has been an opportunity to go to Tribunal? Thanks.

I'd like to know that as well. Outstanding preference is saying the class is full . Proposed is crap but LA EP report could read read either way - key code phrases for 'can't be met in m/s'. Worried the LA will do a switcheroo to meet their new provision if preferred m/s says no as cost is ostensibly the same.

But don't parents have a right to choose m/s?

As we are moving in a couple of weeks. DS2 has no school place at all for September. What do I do then?

Sorry for the hijack.

I am concerned because I will not be able to access tribunal until the final is issued etc - realistically it will take at least six months. What happens in the meantime?

They would need to change part 4 of the statement, which is something that you can appeal, but as you appeal a final statement, it's possible that they can.

Your best bet would be to talk to IPSEA.

A parent has a right to choose mainstream, so long as that choice doesn't represent inefficient use of resources, isn't detrimental to other pupils at the school and the school can meet needs, and so on, Keep. Unfortunately, a school that doesn't want your child would probably finding a way of demonstrating all of those things

What ourvye says; there is a presumed right to choose mainstream but in practice a school that really wants will be able to wriggle out.

And they often do.

I don't know your set up, but when DS3 didn't have a suitable statement for school (we had to appeal and get the hours raised) I kept him home part time until it was sorted.

sr123, before a LA can force a move to special school, the LA would have to decide that no MS setting can meet your child's needs because to do so would be incompatible with the efficient education of other children or an inefficient use of resources. An example may be a child who could only be educated in MS if they had 2:1 support, a specific breakout room in case of a 'meltdown' and couldn't tolerate noise from any other child etc, etc. In other words, it's not enough to just cost more to send a child to MS. It has to be such that no reasonable steps could overcome the issues.

Keep, the school can say the class is full but that's not a good reason and the LA can name it any way. Statemented children can be admitted even if a school is 'full'.

Thanks for the replies. We want one particular special school rather than mainstream where he is currently. Everyone (LA included) agrees that the school we want is suitable and LA say they are prepared to name it but it is possible there may not be a place available in September. If this is the case we would want him to stay where he is till a place becomes available (likely to be soon). We are concerned that the LA may move him temporarily to another special school that like his mainstream school cannot meet his needs and is also unfamiliar to him with staff that don't know him. His fairly new statement names his current school - the head only telling us they couldn't provide the statement a couple of months ago, 3 months after the statement was issued.

Lougie, the inefficient use of resources doesn't come into it. This is covered by section 316 Education Act which only says -

If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—
(a) the wishes of his parent, or
(b) the provision of efficient education for other children.

The school we want is more expensive and further away than the other special schools so we think that the LA by agreeing to it are already saying they can't meet his needs at a closer school.

If the special school you want is named on the statement then I can't see them sending DC to another ss while you wait for a place as ss places are like gold dust and it wouldn't make sense to give a temporary place.
My DS had his special school named in May and has stayed at his ms school since then as his ss place isn't available til September. They didn't offer a temporary ss place.
It makes more sense to leave them where they are and with people they know while they wait for a start date.

Thanks fairgame. The LA won't name it on the statement until a place is available at the school. It would be much better for my son to stay where he is but that won't stop the head (who thankfully has little to do with him) from trying to get him out.

That's frustrating. How long did they say it would take for a place to come up? Is the class already oversubscribed because sometimes they can squeeze an extra child in.

I've been very lucky with DS because his school could have easily permanently excluded him ages ago but they have been supportive for me to getting the ss place and i think the funding that comes with this full time statement has helped them keep him!
I think from their point of view they knew he would be going so they carried on, unfortunately its taken 14 months for me and LA to agree on a school.

I don't think a ms school can get rid of a child without permanently excluding them and its difficult for them to do that with a statemented child (although someone else on here might know better then me!).
They might try and make you feel uncomfortable but your child has as much right to be there as they other children in the school so ignore them and concentrate on getting the new school sorted.

There is a lot to be said for ignoring the views/suggestions of the HT. They don't know your child, I'm sure they just see the costs.

The place should be sorted at the latest by Christmas but could well be available September. Ds finishes today and I don't know what will be happening in September which is frustrating. His school are treating him like he is leaving. Fortunately I don't think he will have picked up on this.

Christmas isn't long in the grand scheme of things. It's only one more term for his current school.
Until you hear any different then you need to carry on as if he is going back in september and the school should be doing the same.

Keep on at the LA to get it sorted though. If you don't keep pestering them they tend of slack off IME. Once they realise you won't go away then they soon get things sorted. They should know by now whether there will be place in september