Get information and support Free legal guides and template letters Exclusion and children out of school Children out of school Children who do not have a school place Some parents choose to home educate their children, and this can be a positive step if it is what is right for them and their child. The decision to home educate should be made without pressure from the child’s school or the local authority (LA) and not because parents feel they have no other option. Other children may be educated otherwise than in a school because it would not be appropriate for their special educational provision to be made in a school. However, the majority of children are educated in school and need a school place. Particularly at the start of a new school year, far too many children with SEND are without a school to attend. This is an extremely worrying situation to be in and we are very concerned that some of our most vulnerable learners are left in limbo, whilst their peers without additional needs are preparing for the return to school. This page explains what you can do if your child does not, or you as a young person do not, have a school or college place. Step one – complain Write to your Director of Children’s Services to notify them of the situation. Make clear that this is a matter that needs to be dealt with urgently and quicker than their usual complaints process. Step two – remind them of the law All children – with or without EHC plans If your child is of compulsory school age and isn’t able to attend school then your LA must make sure that suitable, full-time alternative education is in place (section 19 Education Act 1996). Ask your LA to confirm its proposals for this as soon as possible. Children and young people with EHC plans If your child has, or you as a young person have, an EHC plan then your LA must also secure the provision in that plan (section 42 Children and Families Act 2014). You can remind the LA of this duty and complain if the LA isn’t doing so. If there is a maintained school, Academy, post-16 institution, section 41 setting, or maintained nursery named in Section I of the EHC plan then that setting must admit your child, or you as a young person. (section 43 Children and Families Act 2014). These settings must also continue to admit your child, or you as a young person, for as long as the EHC plan remains in force if your LA decides to cease to maintain (stop) the EHC plan – children and young people should not lose their school or college place immediately. Another point to remember is that the LA will continue to be under a duty to pay any fees payable in respect of the special educational provision made which is required at the start of the new school year in September, and until such time as the EHC plan is amended to name another institution (section 63(4) of the Children and Families Act 2014). These duties are not dependent for example on the LA’s agreement to fund an additional year of study for young people. There is more information about the LA’s duty to continue to fund EHC plans on our website. When your child moves, or you as a young person move, to a new phase of education, the EHC plan should be reviewed and amended by a legal deadline. If your LA has not amended the plan by this deadline, then your LA is in breach of its duties relating to phase transfers. You should ask that your LA amends the plan in accordance with the legal process as soon as possible. This will be especially urgent if the plan names a setting which can no longer be attended (for example, it names a primary school when your child is moving to secondary education). Remember, when making decisions about schools for children and young people with EHC plans, LAs have to comply with the rules in the Children and Families Act 2014. Decisions can’t be delayed because schools haven’t responded to consultations and reasons such as “the school is full” or “the school doesn’t think it can meet need” aren’t reasons in law to refuse to name a particular school or college. You have certain rights to request a particular school or college and these must be complied with. Your LA is also able to name an independent school or college if appropriate (section 40(2) Children and Families Act 2014) and there is an offer of a place, as well as settings outside of your LA. You can ask your LA to consider this, and this may be especially relevant to you if your LA has a shortage of places. If you know of any suitable settings you would like the LA to consider, you can refer these to your LA. Step three – escalate the complaint If contacting your LA doesn’t lead to a satisfactory response, you can escalate the complaint – ultimately it can be taken to the LGSCO, or you could consider judicial review if the matter is urgent. If the issue in your area is that there are no school places then you can escalate the complaint to your local MP and/or the Department for Education. And remember – if you get stuck, take advice IPSEA has lots of resources online or you can book an appointment to speak with us. Your local IASS service should also be able to advise and assist you. Manage Cookie Preferences