Can schools refuse to be named on an Education, Health and Care Plan (EHCP)?

Over the past few weeks, a number of parents have asked whether a school can refuse to be named on an Education, Health and Care Plan (EHCP).

EHCPs were introduced in the Children and Families Act 2014, which substantially changed the law around special educational needs (SEN). One of the substantial changes that the Act made was to the power of local authorities to direct that schools admit children by naming the school in an EHCP.

Previously, all schools that were maintained by the local authority could be compelled to admit a child when the school was named in a Statement of Special Educational Needs. However, this did not apply to academies, free schools or independent/non-maintained schools because they were all technically independent of the local authority. This also meant that the Special Educational Needs and Disability Tribunal could not direct that a child be placed at any of these types of schools, unless the school agreed to the placement.

Section 43 of the Children and Families Act 2014 says that all schools, must admit a child if their EHCP names the school. This applies to independent schools and institutions if the school or institution has received approval from the Secretary of State under section 41 Children and Families Act. A search for the school on Edubase will normally reveal if it has received s41 approval. Effectively this means that local authorities can direct all schools to admit a child with an EHCP.

It is worth bearing in mind that whenever parents, or young people, ask for a particular school to be named in an EHCP the local authority must consult with the school first. If the school responds that it does not feel able to support the child then the local authority could still name that school, but it is relatively unlikely. The local authority has overriding power to name a school in an EHCP regardless of the school’s representations. In practice though, if a school indicates that it cannot cater for a child’s needs, parents will need to evidence that this is not correct.

It is important to bear in mind that the Children and Families Act applies to EHCPs only. For children with a Statement of SEN, the local authority must still secure agreement from academies and free schools prior to admission. If a child’s Statement of SEN is amended to name an academy or free school, that school may complain to the Secretary of State about it and that complaint must normally be resolved before the child can be admitted to the school.