If the child or young person has an EHCP

The social worker involved with the looked-after child should consult with the Virtual School Education Advisor\Area Officer\Placement Officer on an appropriate education placement for the looked-after child.

If social workers are unsure about how school admissions work in relation to looked-after children, they should discuss this will the Virtual School Placement Officer.

A parent or young person will be able to request a particular school or college when they receive a draft EHCP or an Amendment Notice amending an EHCP.

This might be when they are getting an EHCP for the first time; if the EHCP is being amended after an annual review; or if the EHCP is being amended at any other time (for example, if the child or young person has to move schools and the EHCP needs to be amended to reflect that).

Under section 43 Children and Families Act 2014, the school named in an Education, Health and Care Plan (EHCP) must admit the child.

This is not an oversubscription criterion – schools must admit such children regardless of whether they have places available.

Admission authorities must not imply in their published admission arrangements that they have discretion over the admission of children with an EHCP.

Children with EHCPs are not admitted through the admissions arrangements and are placed in schools through the EHCP process.

A Local Authority LA, before naming a school, must consult:

• (a) the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and
• (b) if that school or other institution is maintained by another LA (Section 39(6) CAFA 2014.)

The LA should give them 15 days to respond.

If they fail to respond, the LA does not have to wait to make a decision about naming a school/college.

The LA still keep to the statutory deadlines for issuing a final plan.

The LA should issue the draft EHC plan (or amendment notice) well before the deadline to make sure it can comply with its consultation duties.

The final decision rests with the LA where the child or young person lives.

Even if the school or college, and/or the LA where the school or college is located (if different), objects, the home LA can still choose to name the school or college in the plan.