Can we choose school in another county?

[BusyLizzie100]

With a statement, is it possible to ask for any state mainstream school, even if it's in a neighbouring LA?

 

For example, if we agreed to transport our child to our preferred school, and that school agreed it could meet his needs, is there any reason it's not possible even though it's in another county?

 

I'm trying to cover all the options before Annual Review next week!!!

 

Lizzie xx

[chris54]

Both councils would have to agree, there would need to be a good reason for an out of area placement.

[Grace]

Hi BusyLizzie,

 

8:62 states:

Where an LEA proposes to issue a statement or amend part 4 of an existing statement they MUST name the maintained school - mainstream or special - that is preferred by the parents, providing that:

 

* the school is suitable for the child's age, ability and aptitude and the special educational needs set out in Part 2 of the statement

 

* the child's attendance is not incompatible with the efficient education of other children in the school and

 

* the placement is an efficient use of the LEA's resources.

 

These three also apply if you were to request changing the name of the school in Part 4, although in that case you could only change it to a similar type school that is already named in Part 4 e.g. if names a mainstream school, must change to another mainstream school.

 

 

As you see, nowhere does it say anything about the same county. The situation is that your child is entitled to go to any maintained school in the country, as long as those three conditions are met.

 

They don't advertised this!

 

Good luck with the Annual Review/x

[BusyLizzie100]

Hi BusyLizzie,

 

8:62 states:

Where an LEA proposes to issue a statement or amend part 4 of an existing statement they MUST name the maintained school - mainstream or special - that is preferred by the parents, providing that:

 

* the school is suitable for the child's age, ability and aptitude and the special educational needs set out in Part 2 of the statement

 

* the child's attendance is not incompatible with the efficient education of other children in the school and

 

* the placement is an efficient use of the LEA's resources.

 

These three also apply if you were to request changing the name of the school in Part 4, although in that case you could only change it to a similar type school that is already named in Part 4 e.g. if names a mainstream school, must change to another mainstream school.

 

 

As you see, nowhere does it say anything about the same county. The situation is that your child is entitled to go to any maintained school in the country, as long as those three conditions are met.

 

They don't advertised this!

 

Good luck with the Annual Review/x

 

Well that's food for thought... Thanks, Grace!

[chris54]

The real sticking point is "Best use of resources" as one council has to pay the other council for the school place. And can other council justify one less place for its own residents. It does happen but as I said there has to be a good reason.

[Karen A]

Hi.

It can make a difference what type of mainstream the school is.I live in an Inner London Borough.There are pupils at my boys C of E comprehensive school from neighbouring local authorities who have Statements.

Karen.

[Grace]

I think like a lot of things it comes down to whether the LEA want to help or hinder.

 

If it won't cost them much more or they recognise they don't have suitable places in their own county and there are places available, then why not, but if the opposite is true, yes there might be resistance.

 

The LEA where the school is placed might say they are full or the school can't meet the needs.

 

As ever, sometimes it takes a tribunal to get to the truth and find out the true cost of the placement and just exactly what is the situation with numbers (they can go over their capacity when ordered by tribunal).

 

I think a tribunal would require there to be a significant difference in costs.

 

Personally, I think it is probably the one time I would give as much notice to the LEA as possible, so they can provisionally approach the other LEA.

 

Best Wishes

 

Grace/x

Edited October 29, 2010 by Grace

[Kathryn]

If there is a problem, it's very often transport as the out of county school is usually not the closest school to the child's home, and if it is the only school named on the statement, and outside the statutory walking distance, the LEA would be obliged to fund transport to it. In this case they might refuse to name the school using the "efficient use of resources" argument. This argument (and/or the incompatibility argument)might also be used if the school is full.

 

Assuming that wherever the child was, the cost of funding the special education provision would be the same, if the school can meet the child's needs, is not full and transport is not an issue, I cannot see that there is a lawful reason for either LEA to oppose a move.

 

The real sticking point is "Best use of resources" as one council has to pay the other council for the school place. And can other council justify one less place for its own residents. It does happen but as I said there has to be a good reason.

 

It would surely be discrimination to refuse an out of county school place to a child with a statement, simply because it is in a different LEA. Many pupils attend schools outside their home LEA. Parents of pupils without statements are free to state a preference for any mainstream maintained school in the country via the normal admissions process: the application process has a built in procedure to facilitate the exchange of information between LEA's when parents send their form in. A child cannot be refused a place at a school simply because they live out of county. They may be refused because they live too far from a popular school, but that's a different matter. If a school has places it has to admit any child whose parents apply.

 

Pupils with statements must surely be accorded the same rights as those without, as far as school preference is concerned, or it could be a DDA issue.

 

K x

Edited October 30, 2010 by Kathryn