Back to School Special: Day 3 - Finding a school or college for a pupil with an EHCP

This is the third in our series of back to school articles for parents and carers, following on from our discussion of the content of Education, Health and Care Plans (EHCPs) and annual/phase transfer reviews. You can find the other articles here.

Pupils with an EHCP are not subject to the usual admissions process for school/college places. Instead, parents can request the placement they feel would best support their child/young person’s needs.

Where can I find out about schools/colleges in my area and beyond?

1. Local Offer

Every local authority (LA) is required to maintain a Local Offer section on its website. This lists all of the services (including schools and colleges) that the LA expects to be available in its own and neighbouring areas for children/young people with SEND.

2. DfE’s guidance ‘Get information about schools’

This is a database searchable by name and area. It gives basic information for schools/colleges including type, age range, how many pupils have an EHCP, and whether there may be places available

3. School/college websites

Take a look at school/college websites to get a feel for what they could offer your child/young person. Find and read their SEN Report (usually found in the ‘policies’ section). You may want to take a look at their behaviour policy as well, to ensure it accommodates pupils with SEN.

4. Ofsted reports

Each school/college’s Ofsted report will describe the strengths and relative weaknesses of the placement, and the specialism and number of pupils the school caters for.

5. Independent Schools Council - ISC

ISC is a service organisation promoting the independent education sector. The ‘find a school’ facility on its website lists over 200 independent schools offering varying levels of SEN support

6. Specialist websites

Some SEND charities have a school/college search facility on their website – for example, the National Autistic Society and the National Deaf Children's Society. Other publications also have search facilities on their websites: John Catts Special Needs Guide for schools and for colleges; and The Good Schools Guide. Some will search only for independent or non-maintained placements. 

Should I visit schools/colleges?

Absolutely! Most schools have set open days for prospective pupils, but may also offer visits by appointment. We encourage parents/carers to visit all schools or colleges that may be able to meet their child/young person’s needs, and to take the child/young person with them wherever possible. You should start looking at potential schools/colleges up to 2 years before your child/young person is due to start.

What questions should I ask a prospective school/college?

You may want to take a list of general questions to ask the school/college to ensure they are a match for your child/young person’s needs.

For example:

• Does the school/college have experience with pupils with similar needs?
• What training and/or particular expertise do staff have?
• What are the usual class sizes?
• How does the school/college support pupils’ communication needs?
• Are therapists based on site?
• What therapeutic equipment and/or resources are available to pupils on site?
• What offsite or extracurricular activities are available?
• What adjustments could the school/college make for the pupil if needed (e.g. uniform requirements)?

Asking for a placement

The LA will ask you to confirm your/your young person’s preferred placement. The LA must then consult that placement (and may consult other potentially suitable placements) before deciding whether to name it in Section I of the EHCP.

The Children and Families Act provides that if the preferred placement is either

• a maintained school;
• a maintained nursery school;
• an Academy;
• an institution within the further education sector in England;
• a non-maintained special school; or
• an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval)

That placement must be named in the final EHCP unless the LA decides:

• The school/college is unsuitable for the child/young person’s age, ability, aptitude or SEN; or
• Placing the child/young person there would be incompatible with the efficient education of other pupils, and there are no reasonable steps that could be taken to resolve that incompatibility; or
• Placing the child/young person there would be incompatible with reasonable use of public resources (i.e. the LA determines the placement is too costly)

Saying a school/college is ‘full’ is not on its own a legal reason to refuse a placement.

If your preferred school/college is fully independent (i.e. not approved by the Secretary of State under s.41 Children and Families Act 2014) you will need a place offer before you can ask for it to be named in the EHCP. However, the LA is under no obligation to agree the placement.

In all cases, if the LA refuses the parent/young person’s preferred placement then it must name a school/college (or type of school/college) it believes could meet the child/young person’s needs.

What happens next?

A school/college named in Section I of an EHCP must admit the pupil - this is the case even if the school/college refused a place when consulted. The only exception to this is where the school is fully independent, i.e. not registered under s.41

If the EHCP does not name your preferred placement, you may appeal to Tribunal. Generally we recommend appealing the education element (sections B and/or F) of the EHCP at the same time.

We are SEN experts. If you’d like to speak to one of our team about your child/young person’s EHCP or placement, call 0118 467 6547.