{"id":23708,"date":"2024-03-21T15:44:24","date_gmt":"2024-03-21T15:44:24","guid":{"rendered":"https:\/\/factcheckni.org\/?p=23708"},"modified":"2024-03-21T15:44:26","modified_gmt":"2024-03-21T15:44:26","slug":"does-a-child-with-a-statement-have-to-be-placed-in-their-parents-preferred-school","status":"publish","type":"post","link":"https:\/\/factcheckni.org\/articles\/does-a-child-with-a-statement-have-to-be-placed-in-their-parents-preferred-school\/","title":{"rendered":"Does a child with a statement have to be placed in their parents\u2019 preferred school?"},"content":{"rendered":"\n
On 30 January in a post on social media<\/a>, newspaper columnist Newton Emerson said:<\/p>\n\n\n\n \u201cTimely reminder: if your child has a statement, the EA is required to place them in a school of your choice and that school is required to accept them, by law.\u201d<\/p>\n\n\n\n This is inaccurate.<\/p>\n\n\n\n Although parents\/guardians can state their preferred school and the Education Authority (EA) has an obligation to try to accommodate this \u2013 however certain criteria must be met<\/strong> which include \u2018the efficient use of resources\u2019.<\/strong> Parents of a child with a statement do not have an unfettered final choice on what school their child attends.<\/p>\n\n\n\n Parent\/guardian input and preferences are involved at all stages of special educational needs (SEN) assessment; including decisions on whether a statement of special educational needs is appropriate; and what that statement says.<\/p>\n\n\n\n However, the decision on the school in which the child is placed rests with the Education Authority, subject to multi-layered considerations of the individual child\u2019s educational needs and\/or school suitability.<\/p>\n\n\n\n Parents can appeal decisions to the Special Educational Needs and Disability Tribunal, which may or may not find in their favour.<\/p>\n\n\n\n It is not the case that parents\/guardians can choose a school and both the EA and school in question must then accept the pupil.<\/p>\n\n\n\n Provision of special education needs (SEN) in NI is regulated by a range of laws and policies, including:<\/p>\n\n\n\n The current SEN statutory framework regulates when a child will require a written statement of special educational needs.<\/p>\n\n\n\n The Code of Practice includes a five-stage process<\/a> to cater for \u201ca continuum of needs\u201d, with each stage taking place in order to see if it meets the individual needs in question. The first three stages are school-based interventions, relying on external expertise when necessary.<\/p>\n\n\n\n Stages four and five involve school boards and statutory assessments. The fifth and final stage involves the consideration of whether the child requires a statement. The Code of Practice notes that:<\/p>\n\n\n\n \u201c[The] main consideration for the Board will be whether or not all the special educational provision necessary to meet the child\u2019s needs can reasonably be provided within the resources normally available to mainstream schools in its area, including, as appropriate, any specialist provision which the Board would routinely make available to schools, for example peripatetic teaching or advisory support.\u201d<\/em><\/p>\n\n\n\n Parents\/guardians play an important role in this process. However, the final decision on placement is made by the Education Authority (EA). The Code of Practice states:<\/p>\n\n\n\n \u201cWhere the Board decides that the final statement will not name the parents\u2019 first choice of school, it should explain its decision in writing to the parents. Visits by the parents to the school proposed by the Board, with an opportunity to discuss their child\u2019s special needs with the principal, SEN co-ordinator or any specialist teaching staff may be helpful.\u201d<\/em><\/p>\n\n\n\n As such, while parents of children with statements can offer a preferred choice of school, this is not decisive. Settings will be finalised based on certain criteria and conditions.<\/p>\n\n\n\n According to information on NI Direct<\/a>, parents of children with a statement \u201chave a right to say which grant aided school [they] want them to go to, either mainstream or special\u201d, and that:<\/p>\n\n\n\n \u201cThe Education Authority (EA) in your region must agree to send your child to the school you want as long as:<\/em><\/p>\n\n\n\n This reflects the Code of Practice, which says:<\/p>\n\n\n\n \u201cThree conditions govern the naming of a school in a statement: the placement must be appropriate to the child\u2019s needs, while also compatible with the interests of other children already in the school and with the efficient use of the Board\u2019s resources. Boards have a qualified statutory duty to secure that children with statements are educated in mainstream schools, so long as the 3 conditions above are met. If those conditions would not be met in the mainstream school preferred by the child\u2019s parents, the Board\u2019s statutory duty to secure that the child is educated is a mainstream school nevertheless continues to apply if the conditions would be satisfied at a different mainstream school.\u201d<\/em><\/p>\n\n\n\n Parents\/guardians may also indicate a preference for their child to attend an independent or non-EA school. However, the EA is under no obligation to cater for this choice. There is no legal duty to send a child to an independent school while an EA school remains a option.<\/p>\n\n\n\n So, while the parent\/guardian\u2019s choice remains the starting point and plays a significant role in the process, final decision on placement rests with the EA, contingent on the criteria outlined above.<\/p>\n\n\n\n If parents are unhappy with the outcome, they may contact the EA Officer assigned to their child\u2019s case. The Code of Practice<\/a> states:<\/p>\n\n\n\n \u201cEvery effort should be made to ensure that parents are satisfied with the proposed statement and that they understand the background to the proposals made for their child and consider that their wishes and feelings have been given full and sensitive consideration\u2026 parents should have sufficient time and information to discuss their anxieties with the Named Board Officer, and mutual agreement should be sought where possible.\u201d<\/em><\/p>\n\n\n\n Whenever parents\u2019 proposed amendments to a statement are refused, or where they do not accept amendments made to the statement, the Code of Practice states that \u201c\u2018the Board may nonetheless proceed to issue the final statement\u201d.<\/p>\n\n\n\n However, parents must also be made aware that they can appeal to the Special Needs and Disability Tribunal<\/a> regarding \u201cthe provision specified in the statement, including the named school, and the procedures to be followed.\u201d<\/p>\n\n\n\n\n
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