Information on selecting a school for children with special needs in the UK.

If you haven't already done so please read Part one of these fact sheets more information on this subject.

Naming a School

Schedule 27 of the Education Act 1996 states:

Parents may express a preference for the maintained school (but not a PRU or hospital school) they wish their child to attend, or make representations for a placement in ant other school. LEAs must comply with a parental preference unless the school is unsuitable to the childs age, ability, aptitude or special educational needs, or the placement would be incompatible with the efficient education of the other children with whom the child would be educated, or with the efficient use of resources. LEAs must consider parental representations and arrange any meeting(s) with LEA advisers or officers the parents seek, before issuing the final statement.

Section 316 of the Education Act 1996 states:

Unless a parent indicates that they do not want their child educated in a mainstream school (whether by expressing a preference or making a representation for a particular school or otherwise) an LEA must ensure that a child is educated in a mainstream school unless that is incompatible with the efficient education of other children.

If an LEA believes that the education of a child in mainstream would be incompatible with the efficient education of others, they must consider whether there are any reasonable steps they could take to prevent the child's inclusion having that effect. If they decide a particular mainstream school might be able to meet the Special Educational Provision specified in the statement, the school can argue against a place on the grounds that the child's education would be incompatible with the efficient education of others. The must also consider whether there are any reasonable steps they (or the LEA) could take to prevent from inclusion having that effect.

Parents can express a preference for any maintained school or make representations for a placement in any other school. LEAs must comply with parent's preferences in accordance with Schedule 27. They must consider parents representations and arrange any meetings with LEA officers or advisors seek before issuing the final statement. If parents are considering a school or institution that is not maintained, LEAs must establish that it can make the Special Educational Provision needed to meet the child's needs and provisions of Section 9 of the Education Act 1996 which is:

They must have regard to the parent's wishes, so far as that is compatible with the efficient instruction and training of the child and the avoidance of unreasonable public expenditure.

The LEA must explain the arrangements for expressing a preference to the parents and their duty to comply with that preference in all but a few cases. Schedule 27 also gives the parents the right to make representations about the content of the statement and the right to request meetings to discuss any aspect of the proposed statement. Parents should also be told about Parent Partnership Services and the availability of the Disagreement Resolution Services.

Where an LEA proposes to issue a statement or amend Part 4 of an existing one, they must name the school that is preferred by the parent providing:

• "The school is suitable for the child's age, ability, aptitude and the special needs set out in Part 2.
• "The child's attendance is not incompatible with the efficient education of others in the school, and
• "The placement is an efficient use of the LEAs resources.

The LEA must consult the school preferred by the parent and if the school is in another Local Authority area, then that LEA too. They must provide either a copy of the proposed statement and appendices or if they are amending a statement a copy of the proposed new amended statement and the existing one with appendices.

When a parents choice of school cannot be met the LEA, should identify a mainstream school and consult them and as above all copies of proposed statement etc sent to them. However, the LEA must name that school unless it is incompatible and there are no reasonable steps that they can take to prevent the incompatibility.

The LEA should consider very carefully a preference made for denominational schools and representations for denominational non-maintained special or independent schools. Denominational considerations cannot override the requirements of Section 316 of the Education Act 1996.

Parents may express a preference for a maintained special school, if they do, the LEA no longer have a duty under section 316A to secure a mainstream education for the child. The LEA must comply with the parental preference for a particular maintained special school so long as the conditions in schedule 27 apply.

The LEA should inform parents that all maintained schools must publish information on their policies on Special Educational Needs.

When LEAs send out the proposed statement they must tell the parents of their rights to make a representation to the LEA in favour of a non-maintained school if they wish and they should do this within 15 days of receiving the proposed statement. If the LEA doesn't agree with this representation they should inform the parents before naming any other school in the final statement, parents will then have the opportunity to give their preferred maintained school if they want to.