You should apply for a mainstream school place as part of the usual admissions process. This will ensure you secure a school place for your child regardless of the outcome of the EHC process.

You can find details about school admissions on Thurrock Council’s website. 

Every child has the right to a mainstream education so this would usually be the starting point.

We usually find parents feel better placed to make a decision by:

• researching
• visiting schools
• meeting staff and asking questions

We understand this can feel like an overwhelming responsibility for parents, particularly where a child has additional need.  It can be helpful to talk this through with us.

If the Local Authority decide to issue an EHCP, you will be asked to name your preferred school at the draft stage.  The Local Authority must consult with your chosen school.

Schools (including academies and free schools) must have regard to:

• The admissions code.
• The Equality Act 2010. 
• 2015 SEND Code of Practice

CoP chapter 1 explains the basic principles which focus on inclusive practice and removing barriers to learning. Chapter 6 outlines school responsibilities.  

If a school says they are concerned about their ability to meet your child’s needs, get as much information as possible as to why. You may find that you can explore with the school other means of supporting your child.  If they cannot offer a strategy a previous school provided, what could they offer instead which might have a similar impact?

Children and young people should be educated in mainstream* education in accordance with sections 33 & 34 of the Children and Families Act 2014 linked here.

An admission authority must not discriminate against a person in the arrangements and decisions it makes as to who is offered admission as a pupil on the grounds of:

• Disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex or sexual orientation

All mainstream schools receive money to provide SEN Support.  They can apply for additional funds for any child requiring a higher level of support where this can be evidenced. 

Schools must not discriminate and are responsible for meeting the needs of every child in their school.  Sometimes this will mean making 'reasonable adjustments' or purchasing resources/planning individual support.

If your child has an EHC plan, the special education provision (outlined in section F of the plan) must be provided.

Children normally attend school full-time in the Reception Year in the September following their fourth birthday.

All primary schools must offer children a full-time place at the start of the Autumn term in September. However, legally a child does not have to start full-time education until the term after their fifth birthday.

Whatever you decide, it is important that you apply for an infant or primary place by the closing date.

Section 2.16 of the School Admissions Code outlines the duty.

Teachers are trained to differentiate in the classroom to meet the needs of each and every child.  In any class there is a wide range of ability.  Any support a child receives is targeted around needs. If you feel your child would benefit from repeating a year, discuss with school and the LA Admissions team (and the SEND Team where there is an EHC plan).

The local authority must make any decision based on the best interests of your child.

Section 2.17A of the Schools Admissions Code  states that admission authorities must make decisions on the basis of the circumstances of each case and in the best interests of the child concerned. This will include taking account of:

• the parent’s views
• information about the child’s academic, social and emotional development
• where relevant, their medical history and the views of a medical professional
• whether they have previously been educated out of their normal age group
• whether they may naturally have fallen into a lower age group if it were not for being born prematurely
• the views of the head teacher of the school concerned

When informing a parent of their decision on the year group the child should be admitted to, the admission authority must set out clearly the reasons for their decision. See the School Admissions code. 

Read also the information from Child Law Advice.

See excerpts below from the Schools Admissions Code.

Section 2.21 of the Schools Admissions Code state ‘There is no requirement for local authorities to co-ordinate in-year applications but they must provide information in the composite prospectus on how in-year applications can be made and will be dealt with. Local authorities must, on request, provide information to a parent about the places still available in all schools within its area, and a suitable form for parents to complete when applying for a place for their child at any school for which they are not the admission authority. Any parent can apply for a place for their child at any time to any school outside the normal admissions round.  They can do this by applying directly to admission authorities, except where other arrangements are in place locally (e.g. the local authority coordinates all in-year admissions).’

Section 2.22 of the Schools Admissions Code states ‘Own admission authority schools must, on receipt of an in-year application, notify the local authority of both the application and its outcome, to allow the local authority to keep up to date figures on the availability of places in the area. The admission authority must also inform parents of their right to appeal against the refusal of a place’.

Section 2.24 of the Schools Admissions Code states ‘When an admission authority informs a parent of a decision to refuse their child a place at a school for which they have applied, it must include the reason why admission was refused; information about the right to appeal; the deadline for lodging an appeal and the contact details for making an appeal. Parents must be informed that, if they wish to appeal, they must set out their grounds for appeal in writing. Admission authorities must not limit the grounds on which appeals can be made’.

A school may refuse a place if they currently have a high proportion of children with challenging behaviour:

Section 3.12 of the School Admissions Code states ‘Where a governing body does not wish to admit a child with challenging behaviour outside the normal admissions round, even though places are available, it must refer the case to the local authority for action under the Fair Access Protocol 66. This will normally only be appropriate where a school has a particularly high proportion of children with challenging behaviour or previously excluded children. The use of this provision will depend on local circumstances and must be described in the local authority’s Fair Access Protocol. This provision will not apply to a looked after child, a previously looked after child or a child with a statement of special educational needs or Education, Health and Care Plan naming the school in question, as these children must be admitted.’ 

If you are declined a place the local authority should therefore be notified by the school via the ‘In-year Fair Access Protocol’ known as ‘IYFAP’.

Read about  Thurrock Council’s Fair Access Protocol 

Section 1.27 of the SEND Code of Practice  states ‘Children without an EHC plan must be educated in a mainstream school, unless there are exceptional circumstances.’ 

If your child has an EHC plan, there will be an Annual Review.  This would be the ideal time to discuss provision – both what's in place currently and what might need to change.  The appropriateness of school should also be discussed. You can request an early review where there are concerns.  This provides you with the opportunity to share your views with the local authority.

Consider whether fresh advice might be needed from an Educational Psychologist or other specialist.  Discuss this as part of the annual review. It could be that fresh advice includes recommendations that the current school could implement.  Equally, this advice may indicate that a specialist setting would be more appropriate.

You can research special schools listed in the Local Offer or within the Directory of schools.  There is one for primary and one for secondary. The admissions pages will help you to find out which school or schools might be appropriate for your child’s needs.

We would encourage you contact special schools directly to discuss your child’s individual needs. If possible, arrange a visit, before you make any decisions.

You may request a special school for your child as part of the EHC plan process- either when you receive your initial draft EHC plan or following amendment at an Annual Review.

You can take a look at the Local Offer to identify specialist provision in Thurrock.

The local authority must consult with your chosen school, provided they are a type of school listed within section 38 of the Children & Families (C&F) Act 2014 linked here.

As this is part of a legal process, you will have the opportunity of mediation and/or appealing if you are in disagreement with the local authority about the school named in the plan.

The local authority may only reject your request to name your chosen school where:

• The school or other institution is unsuitable for the age, ability, aptitude or special educational needs of the child or young person.
• The attendance of the child or young person would be incompatible with the provision of efficient education for others.
• The attendance of the child or young person would be incompatible with the efficient use of resources.

These are the only lawful reasons a local authority can reject a parental request for a place at a school (within the prescribed list of types of school outlined in section 38 (3) of the C&F Act 2014 linked here).

A school being ‘full’ is not a lawful reason to refuse. If, after consulting with the school, the local authority decide to reject your request and name another school or type of school, you will have the option of mediation and/or appealing to the tribunal within two months of receiving the final or amended EHC plan.

Please note that Thurrock is a very small borough with limited specialist provision which is currently hugely oversubscribed. Contact the Special Educational Needs Team in Thurrock as soon as possible for advice. Your current local authority will also liaise with them and pass on your child’s file & EHC plan. You can find their details on the Local Offer.