Published on 12, July, 2020
My daughter is currently Home educated due to a relocation to another part of the country with the family. She had 3 years at a mainstream setting which was challenging and resulted in eventually taking her out.
Her EHCP is currently going through school placement, to which we have heard back from the LA that our named choice (a independent specialist school) has said that they cannot offer a placement as it would be incompatible with the education of other children. No other explanation or information.
Has anyone been through this? Any advice to offer? What would our chances be to fight this for a better outcome for our child.
Any info would be appreciated
Hi Ian thanks for the response. We as parents have had a look at the legalities of the situation but as you've put it, should we bother. A specialist setting has said that they won't want to accept because of her behaviour and for her to be penalised because of that... do we want to send her there is the question. It's such a shame that she is being discarded because of the natures of challenging behaviour.
Relevant legislation includes the Children and Families Act 2014 ss 33 and 39. All the statutory guidance etc. has this sort of get-out clause covering the efficient use of resources. There is a discussion of these on the IPSEA web site [ https://www.ipsea.org.uk/me-v-london-borough-of-southwark-2017-ukut-73-aac ] I guess the practical question is whether to fight to get your child into a school which does not really want them, and possibly cannot meet their needs, or look for somewhere else.
A lawyer can advise on the legal situation, but it might be better to look elsewhere for a school where your child can have their needs met without you having to fight for them.