Question to the Department for Education:

To ask the Secretary of State for Education, what assessment she has made of the potential impact of schools being unable to challenge placement decisions made by local authorities on children with special educational needs.

Where a local authority has issued an education, health and care (EHC) plan for a child or young person, they must consult a school or college before naming it in the plan and the school or college can express concerns about being named.

When responding to a local authority on a consultation about being named in an EHC plan, the school can make representations in relation to its total pupil population and its capacity, where it feels that admitting the pupil might have an impact on the efficient education of other pupils already in the school. This is a matter that the local authority would need to carefully consider in reaching its decision about whether to proceed to name the school. If the local authority goes ahead and names it in the plan, then the school or college is under a statutory duty to admit the child or young person.

A school can make a complaint to my right hon. Friend, the Secretary of State for Education if it feels that a local authority has not carried out its statutory duties appropriately, such as where the school suspects the local authority did not follow due processes in reaching a decision to name it on an EHC plan. However, whilst that complaint is being resolved, because the school is named in the EHC plan, it must admit the child with immediate effect.

The department knows that many children and young people with special educational needs and disabilities (SEND) struggle to find a suitable school placement that is close to their home and meets their needs. This government is committed to addressing this by improving inclusivity and expertise in mainstream schools, as well as ensuring special schools cater to those with the most complex needs.

We work with the sector as valued partners to ensure that every child or young person with SEND can access a school placement that meets their needs, including in mainstream where appropriate. In doing so, we want to improve pupil outcomes and experiences and restore parents’ trust.