Independant special school assessment

[littleHen84]

Hi just looking for advice our son had an in school assessment today at our preferred specialist setting. What happens next, I understand all involved today will write a report but does it then go back to the LA re the funding of the placement and could they refuse etc? It is incredibly difficult to speak to our caseworker/LA so thought I'd ask her if anyone had been through the process and what it looks like and what may happen next, thank you ever so much.

It depends whether the school is a wholly independent school or a s.41 independent school.

If it is a section 41 independent, it is treated the same as maintained/academy, etc. schools. You don’t need an offer of a place from the school, and you will get to state it is your preferred school when you get the draft. Then the LA can only refuse to name it if 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.

If it is a wholly independent school, you will need an offer of a place and to prove the LA’s proposed school(s) cannot meet DC’s needs &/or it isn’t unreasonable public expenditure.

Either way, you may have to appeal.

Thank you for responding, it is a wholly independent school. So if the school do offer a place we will potentially have to appeal if the LA say no? The LA maintained school have said no already as they feel due to severe anxiety they cannot offer a place, this was our preferred school that we named in our choice of 3 when the admission form was sent out to us, it makes it a lot harder as it is near impossible to speak to anyone within our LA.

Yes, you may have to appeal.

Just because the maintained school says they can’t meet needs doesn’t mean the LA can’t name them anyway - either because they are your preferred placement and the LA must name it unless the LA can prove one of the exceptions in my pp OR because the LA doesn’t agree the threshold for one of the exceptions applies and they name it over the wholly independent school because you can’t demonstrate the wholly independent isn’t unreasonable public expenditure.