My LA has refused to name a mainstream school in my child's EHCP, what rights do I have?

It is really important to note that even if the local authority does not think mainstream is suitable, this is not a legal argument that can be used in deciding not to name a mainstream school in the EHCP, IF mainstream is parental preference. Furthermore, the local authority can not use the argument that it would be an inefficient use of resource, for your child to attend. The LA must endeavour to make the school as well equipped as possible, to give your child the same chance as others at attending mainstream school. The Code of Practice is very clear on this.

The main points in law that an LA could use are as follows:

Incompatibility with the efficient education of others. However, the LA then needs to demonstrate that no ‘reasonable steps’ can be made to remove that incompatibility. It is a hard case to make and a thorough evaluation is necessary.

Once mainstream is named in an EHCP, the school must admit the child under Section 43 of Childrens and Families Act 2014.

Case law on naming mainstream education: