Hello to all-out of catchment area schools

[pleasehelp]

I was sure I did see a link or a posting a while back on this forum-tho' I might be just having one of my famous 'senior moments' and be wrong-regarding some guideline issued by Lord someone or other regarding children being allowed to attend the school of parental choice even if it isn't in the local catchment area.

Does that make sense and does anybody know the thing I mean and could anybody please point me in the right direction of a source for this info. for which I will as always be MOST grateful.

Thanks to all, I really don't know where we'd be now if it werent' for this forum <'>

[Zemanski]

Hi

 

haven't replied before as I know nothing about the ruling/guidelines you mention

 

however the parental preference thing is stated in law in the education act 1996, schedule 27

 

you have the right to state your preference for any school that you thnk will meet your child's needs and, within reason, the LEA must comply with your choice.

 

the only reasons for not complying are if the choice is an inefficient use of resources, eg. if you choose an expensive private school when the LEA has a specialist resource that would be just as suitable, or if it would adversely effect the education of the other children at the school.

 

The LEA has no say about whether or not it is in any particular catchment area or even whether it is within the LEA

 

The LEA will often try to argue inefficient use of resources but if they do you have the right of appeal to the SENDIS tribunal. Make sure you check out their choices so you know why your choice is better.

 

one thing to be aware of though if you choose a school some distance away is transport - if the LEA give you your preference but were intending to place your child in a local school they often try to argue that as the placement is your choice, not theirs, then you have to provide transport. as you don't actually have a right to transport this can be tricky sometimes

 

The SEN code of practice covers placement in Part 4, section 8 (can be downloaded from the DFES site)

 

hope this helps

 

Zemanski

[Kazzen161]

Not clear exactly what you are asking: out-of-catchment mainstream school?

 

If your child has a statement a school has to give them priority, even if they are out of catchment - I don't know if that is only if that school can better meet the child's needs - and yes, you would have to check re:transport.

 

Karen

[pleasehelp]

Sorry for my late reply. I know I didn't make it very clear on here what I was asking (mostly because my befuddled old brain couldn't remember many details). It wasn't on this site but I did manage to find a note I'd made about this at the time it was mentioned to me and yes it does relate to the education act only the older one and the report is the Warnock Report. It does say something about the parent of a child with special needs having (in theory at least) the right to choose which school suits their childs needs best regardless of where it is and so on. Thanks to those who replied and to those who were just plain wondering what on EARTH I was going on about, well now you know

If I can find a useful link on this info I shall paste it on here a little later,

Thanks to those of you who replied <'>

[Zemanski]

Just a note on the Warnock Report

 

This was a really good report and I think it was pretty much down to Lady Warnock (who was a truly wonderful woman) and her team that things for special needs kids have improved over the last 25 years - at least I think it was her report that probably started the ball rolling.

The law now supports her view on parental preference and many things in education have moved on quite a bit since then.

 

still got an awful ong way to go though!

 

Zemanski