Trinity Academy Newcastle must comply with its SEN duties, these are set out in legislation and in the SEND Code of Practice.
Where a local authority has carried out a statutory assessment and decided to issue an Education Health and Care Plan (EHCP), it will issue a draft plan to parents. Parents can request the localauthority to name their preferred choice of school in their child’s EHCP. However, the final decision on the school to be named rests with the local authority responsible for maintaining the plan.
Special schools and academies must comply when named in a child’s Education Health and Care Plan (EHCP), even if the child’s special need is not a type of SEN for which the school is designated. This is a requirement of section 43 of the Children and Families Act 2014.
In order for us to be named on your child’s EHC plan, Newcastle Education Authority must consult with us first. This means that they will serve a copy of the proposed plan to us so we have an opportunity to contribute to the process.
If we believe it is not appropriate for our school to be named on your child’s EHC plan, we can seek to argue against being named for the following reasons:
•the school is not suitable for the child’s age, ability and aptitude and the special educational needs set out in the statement or EHCP
•the child’s attendance is not compatible with the efficient education of other children in the school, and
•the placement is not an efficient use of the school’s resources.
However, irrespective of our viewpoint while being consulted, the final decision of whether to name the school rests with Newcastle. The school cannot apply any other criteria to tie break between children named to the school and admit one child but refuse another. We cannot refuse to comply with a statement or EHCP once named.
Newcastle may also place children without an EHCP with us for a limited period of time in order to assess their needs. Such placements should not last for more than 20 weeks.
If the school is named in an EHCP, Newcastle Local Authority will fund the placement.