The More You know...

Interesting read for parents whose child cannot access mainstream school due to SEND and requires a special school.

 

Did you know you can request a Special school without an EHCP.....!

Not having an EHCP cannot be used as a reason to not admit a child, interestingly I know most Special schools wont even allow a family to look around unless they have a draft plan! Naughty!

 

This info below is from the code of practice and can be used in a case where for example the school have not done their job and delivered a SEND strategy at school level, leading to an EHCP, or where a child has masked and is now unable to access a school, left without an education.

It may also be relevant to children who are in nursery and a EHCP request has not been made, but it is clear to all professionals that a Special school is required for Sept..

“A focus on inclusive practice and removing barriers to learning:

1.26 As part of its commitments under articles 7 and 24 of the United Nations Convention of the Rights of Persons with Disabilities, the UK Government is committed to inclusive education of disabled children and young people and the progressive removal of barriers to learning and participation in mainstream education. The Children and Families Act 2014 secures the general presumption in law of mainstream education in relation to decisions about where children and young people with SEN should be educated and the Equality Act 2010 provides protection from discrimination for disabled people.

1.27 Where a child or young person has SEN but does not have an EHC plan they must be educated in a mainstream setting except in specific circumstances (see below).

The School Admissions Code of Practice requires children and young people with SEN to be treated fairly.

Admissions authorities:

• must consider applications from parents of children who have SEN but do not have an EHC plan on the basis of the school’s published admissions criteria as part of normal admissions procedures

• must not refuse to admit a child who has SEN but does not have an EHC plan because they do not feel able to cater for those needs

• must not refuse to admit a child on the grounds that they do not have an EHC plan

1.29 Children and young people without an EHC plan can be placed in special schools and special post-16 institutions only in the following exceptional circumstances:

• where they are admitted to a special school or special post-16 institution to be assessed for an EHC plan with their agreement (in the case of a young person) or the agreement of their parent (in the case of a child), the local authority, the head teacher or principal of the special school or special post-16 institution and anyone providing advice for the assessment

• where they are admitted to a special school or special post-16 institution following a change in their circumstances with their agreement (in the case of a young person) or the agreement of their parent (in the case of a child), the local authority and the head teacher or principal of the special school or special post-16 institution. Where an emergency placement of this kind is made the local authority should immediately initiate an EHC needs assessment or re-assessment

• where they are in hospital and admitted to a special school which is established in a hospital, or

• where they are admitted to a special academy (including a special free school) whose academy arrangements allow it to admit children or young people with SEN who do not have an EHC plan”

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