Consultation before naming a school in a statement

A local education authority shall, before specifying the name of any maintained, grant- maintained or grant-maintained special school in a statement, consult the governing body of the school, and if the school is maintained by another local education authority, that
authority.
(Schedule 10, Para 3(4))

4:55. The LEA must consult a school before naming it in a statement. if the school is maintained by another authority, the LEA must also consult that authority.  The LEA should give due consideration to the views expressed by those consulted, but the final decision as to whether to name the school falls to the LEA.

4:56. The LEA have a duty to name the parents' preferred school in a statement so long as the conditions set out in paragraph 4:41 apply: the placement must be appropriate to the child's age, ability, aptitude and special educational needs, while also compatible with the interests of other children already in the school and with the efficient use of the LEA's resources.  But, for example, the LEA should not name a school in a statement if the school is selective, and the child does not meet the criteria for selection, because the placement would not be appropriate to the child's ability.

4:57. The governing body of the school can not refuse to admit a child solely because he or she has special educational needs.

4:58. The LEA should also consider carefully whether the admission of the child to a mainstream school would take the school over the number fixed as the number of intended admissions for the year, which must not be less than the 'standard number' or 'approved admissions number', in other words, whether the school is already nominally full.  Admitting children over this number might be incompatible with the provision of efficient education or the efficient use of resources.  The LEA should consider this point very carefully in cases where they are not the admissions authority for the school in question: that is, it is maintained by another authority, is voluntary aided or is grant maintained.

4:59. When the LEA decide not to name the parents' preferred school in a statement because the conditions in paragraph 4:41 do not apply, they should consult the parents about any other schools they would like their child to attend.


Transport costs for children with statements

4:60. The parents' preferred school may be further away from the child's home than another school which is appropriate to the child's special educational needs.  In such a case it would be open to the LEA to name the nearer school, because that would be compatible with the