This is not one particular case study but a combination of frequent queries to the SENDASS helpline.

1. “Waiting lists for Specialist schools.” 
2. “A particular mainstream school is stating it will refuse to be named in the EHCP “
3. “A mainstream school recommending a specialist school “
4. “The process of naming a different school/setting “
5. “Naming a school or different Local Authority “

EHCPs are legal documents and that means there are laws and regulations that govern all parts of the EHCP journey from assessment to issuing a plan, settings named, review of the plan and when a plan can be ceased.

The SENDIASS team are trained on all aspects of this and can help you understand how those laws and regulations may affect your child’s particular circumstances. We also have a number of guides and podcasts on our website (About SENDIASS Manchester) that you are welcome to use. 

SENDIASS often get calls from parents, who state that their child has been placed on a waiting list for a specialist school in most cases for months but sometimes years and they are becoming frustrated as there is no progress.

Sometimes in Section “I” (placement) it will state current school transferring to a specialist school or sometimes it will just name the current school. 

Question:

Do waiting lists exist in law? 

Answer:

The answer to this is no. 

Question:

Does the Local Authority have a waiting list? 

Answer:

SENDIASS asked the LA this and they said no they do not keep a waiting list. 

Question:

Could the Local Authority name a specialist setting on the EHCP if a place became available? 

Answer:

Yes, the LA can name another school in the plan if a place becomes available. 

The Local Authority have not named the preferred setting -what is the solution?

If the Local Authority has not named your preference, then you can potentially challenge this decision (you have the right to request mediation) and you could appeal to the first-tier tribunals service. 

Contact the SENDIASS help line (0161 209 8356) or email sendiass@manchester.gov.uk if you would like to discuss this or receive further advice.

Section I appeals 

B&F appeals 

 Naming a school in an EHCP

Another common query SENDIASS deal with is when an EHCP is first being drawn up or at annual review and the parent wanting a particular school, has been informed that the school they will request have said that they should not be named in the EHCP.

Question: 

In law if a school feels it cannot meet need can the Local authority still name it in the EHCP?

Answer:

Yes, in most cases the Local Authority can, and the school have a duty to admit. 

The process asking for a school. 

When a Parent requests a school (new EHCP or review) the Local authority must consult any school/setting the parent requests as long as it falls within the list set out listed in section 38(3) of the Children and Families Act (CFA) 2014:

• 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.
• 
  

As you may see from above the list, it does not include independent schools and although the Local Authority are not compelled to consult with any school or setting not in the above CFA 38(3) list there is another law, Children and Families Act section 19 which states the Local authority must take into account your views, wishes and feelings, and those too of your child if you are a parent making the request for your child.

In short you can ask the LA to consult your choice of school. 

Naming a school 

It is the Local Authority’s duty to name a school in the EHCP. Schools (except for independent schools who cannot be named if they refuse to be named ) can be consulted and may state they cannot meet need but if the Local Authority names them in section I of the EHCP a bit of law then comes into play Children and Families Act Section 43, which places a duty on the school/ setting to admit the child.

• Factsheet 23 Annual reviews Factsheets
• Factsheet 48 Naming a school in an EHCP Factsheets
  

Annual Reviews

Naming a school in an EHCP

Another query which is quite common on the SENDIASS helpline is where a parent of a child with an EHCP attending a mainstream school has been told that they should consider asking the LA to name a specialist setting. Sometimes the parent is in agreement, sometimes the parent thinks that because school has recommended this, they must comply and because school have recommended this the LA will name a specialist setting and there is little, they as a parent can do. 

Question:

 If school recommend a specialist setting does that automatically mean a specialist placement will be named in the EHCP?

Answer:

No. The LA must take into account your wishes. Even if the LA, school and other professionals thought that a specialist was the best option there is law that advises on this scenario. 

The right to a mainstream education in law 

As a parent if your child has an EHCP and you want them to attend a mainstream setting then the LA must comply with that wish unless both of these conditions set out in Section 33 of the Children and Families Act 2014 are met:

• A mainstream placement would be incompatible with the efficient education of others, and 

• There are no reasonable steps the LA could take to avoid this education.

If the LA named a specialist school and this was not your preference you can potentially challenge this decision (you have the right to request mediation) and you could appeal to the first-tier tribunal service. 

Contact the SENDIASS help line ( 0161 209 8356 ) or email sendiass@manchester.gov.uk if you would like to discuss this or receive further advice.

Section I appeals 

B&F appeals 

Naming a school in an EHCP 

SENDTALK Podcast s2-e1 

Sometimes on the helpline, SENDIASS deal with enquiries about the process of naming a school in an EHCP. On occasion, we hear of parents being told to contact the admissions service and we have on more than one occasion talked to parents, whose child is at setting not named in the EHCP.

Question:

Whose responsibility is it to name a school in the EHCP?

Answer:

The Local Authority only.

The times when you can ask the Local Authority to consult with and potentially name a school/ setting. 

• If your child is going through the EHC needs assessment process and has a draft plan
• Your child has an existing plan, and the annual review occurs as set out in the Children and Families Act 2014 Section 44 
• The EHCP is being reviewed as your child is entering a new phase of education:

        a) early years education to school

        b)infant school to junior school

        c)primary school to middle school

        d)primary school to secondary school

        e)middle school to secondary school, or

        f)secondary school to a post-16 institution 

You have requested and been granted an early annual review.

The process 

• Parent requests that the Local Authority consult a school or setting. 
• The Local Authority consult a school or setting the parent has requested (they may also consult with schools or settings that they also feel appropriate, and the law allows for this) 
• The consults come back. 
• The Local Authority decides which setting to name in the EHCP. 
• The Local Authority sends out the finalised EHCP. 
• The Parents right of appeal is automatically opened and the parent can potentially challenge this decision via mediation if they wish (parents have the right to request mediation) and an appeal to the first-tier tribunals service. 

Contact the SENDIASS help line ( 0161 209 8356 ) or email sendiass@manchester.gov.uk if you would like to discuss this or receive further advice.

Section I appeals 

EHC needs assessment process

Section I appeals 

Naming a school in an EHCP 

Manchester has borders with Trafford, Stockport, Tameside, Oldham, Rochdale, Bury & Salford. As such it is not unusual for parents who have children with an EHCP to be educated in a school or setting in a neighbouring Local Authority. 

Question:

Can the Local Authority be asked to consult with and name a school or setting in a neighbouring Local Authority?

Answer:

Yes.

Sections 39 and 40 of the Children and Families Act 2014 deal with consulting and naming schools in an EHCP. 

In the case where it has been requested that Manchester Local Authority consult and potentially name a setting in another Local Authority, then Manchester must consult with both the setting and the neighbouring authority and must name the preference. If the LA refuses to name the preference and it is challenged, they can only dislodge parental preference if they can demonstrate one of the exceptions set out in Sections 39(4) of the Children and Families Act exist:

39 (4) CFA 



(a)the school or other institution requested is unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned, or

(b)the attendance of the child or young person at the requested school or other institution would be incompatible with—

(i)the provision of efficient education for others, or

(ii)the efficient use of resources.

Section I appeals 

Naming a school in an EHCP