LA school out of catchment

[MunchkinMole]

What are the chances of securing a school not in our LA, but same distance as our natural feeder, as we sit on a border!!! My child has an EHC - so this would need to transfer to the other school, but we are not moving house, so remain with in a different authority!! We are also trying to move mid term! Any help and advice would be much appreciated, Many thanks

@MunchkinMole

If a child has an EHCP you have the right to request any of the following types of school or college:

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• An institution in the Further Education sector
• A non-maintained special school
• A section 41 school.

These are listed in section 38(3) of the Children and Families Act (CAFA) 2014.

This applies even if the school is in a neighbouring LA.

The only reason the local authority can refuse the request is if:

-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.

This is set out in section 39(4) CAFA 2014. The LA has to prove that at least one of these conditions applies in order to dislodge your preference.

However, if the school you want is wholly independent, the onus is on you to prove that this is the only school that can meet needs.

Information here:

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

So we have already been to appeal and had a school named - we lost our parental choice and the judges chosen one isn’t working out. It’s a normal mainstream still - but across the border in to another authority. We have had an annual review and the LA have consulted we our choice school. I just don’t think our LA can make the school take them if they say no, as it’s another authority, not the one we live in. Thank you

As Ellie posted, unless the school is wholly independent, which isn't the case here, there are only 3 reasons the LA can refuse to name your preference. The school being in a different LA doesn't change that. The LA can name the school regardless of whether the school or the LA the school is in object.