Choosing a school
Parental preference has to be taken into account when arranging for a placement for children with special educational needs. It should be noted that the legal responsibility on the LEA is to provide appropriate education for a child with special educational needs; there is no legal duty to provide the best education.
The policy of inclusion means that most children with special educational needs will be educated in mainstream schools, rather than special schools. However, children can only be educated in special schools if they have a statement of special educational needs.
The Education Act places a general duty on the LEA to educate a child with a statement in a mainstream school unless it would be incompatible with:
- The wishes of the parent, or
- The provision of efficient education for other children.
This duty means that mainstream education cannot be refused on the grounds that the child’s needs cannot be provided for within the mainstream sector. This duty does not, however, give a parent the right to veto mainstream education for their child.
If a parent does not wish their child to be educated in a mainstream school, the LEA may arrange a placement at a special school. Even if the parent prefers a special school, the LEA makes the decision on placement and a mainstream school can be named on a statement.
All maintained mainstream schools must publish information and a report on the school’s policy on special educational needs. This must be made available to parents.
Parents have a right to appeal to a Special Educational Needs Tribunal if they disagree with the decision.