Naming schools in section I of an EHCP (3): naming a SEN unit/resource provision?

When a mainstream school or academy (I will refer to this as ‘A.M. Academy’) has opened a SEN unit or special resource provision (‘RP’), which is part of the school (rather than being a satellite centre of a special school), then A.M. Academy will be named in section I of a child’s EHCP rather than the unit or RP.  This is because the school or academy is the educational institution, not the SEN unit or RP – unless of course it is run separately.  Clarity that a child’s special educational provision is to be secured within the SEN unit/RP rather than mainstream classes can only therefore be conveyed in section F of the EHCP. This may be surprising to some and has legal, practical and potential cost implications for the school, three of which are outlined below. 

First, if parents request that their child is educated at a mainstream school, naming ‘A.M. Academy’ in section I will not go against parental preference even if it is intended that the child be educated in the SEN unit or RP.

Second, if parents request that their child be educated in a particular special school (I will refer to this as ‘A.S. Academy’) and, although A.S. Academy is being consulted, for numerous reasons it does not consider it to be the appropriate placement, A.S. School can respond confirming that it is unsuitable, and the LA must take this into account in its decision whether or not to name it.  However, if parents request that their child be educated in a mainstream school (whether or not they have requested a particular one), then even if it is unsuitable, the LA must name a mainstream school unless it is incompatible with the provision of efficient education of others (specific other children).  In A.M. School’s response to consultation therefore, if the intention is that the child is to be educated in the SEN unit or RP, because it may not be possible for the LA to take into account the unit/RP’s views that it is unsuitable for the SEN of the child, A.M. School would be best advised to focus on the incompatibility with the provision of efficient education of others instead.

Third, given pupils placed in the SEN unit/RP will usually also attend some mainstream classes, when accepting admissions to the mainstream year groups, schools and academies would be best advised to ensure that their PAN (published admission number) for the normal point of entry (typically Reception or Year 7) includes the number of places that are filled in the unit/RP. If this is not the case, then the school or academy will not be able to take into account the number of children in the unit/RP when considering application of its oversubscription criteria, or indeed prejudice to the education of others were it to receive later in-year admissions. This may have space, timetabling and resourcing implications.

There are other funding implications for schools and academies which have a SEN unit/RP and these will be the focus of a future bulletin.

Please contact your usual Stone King contact or Elizabeth Fortin, if you have any queries.