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Secondary school transfer for pupils with a Statement of SEN

The arrangements for secondary school transfer for pupils with Statements of Special Educational Needs are not the same as those for children who do not have Statements.

If you have (or caring for) a child with a Statement of Special Educational Need, you will need to read the following admissions arrangements carefully.

The LA is responsible for arranging provision for children with Statements and, when the LA names a maintained school in a child's Statement, the school must admit the child.

SEN Code of Practice

The SEN Code of Practice says that if you want your child to have a mainstream education, the LA must name or describe a maintained, mainstream school in your child's Statement, unless this would be incompatible with the efficient education of other children with whom your child would be educated.

The LA must ask you if you wish to express a preference for a particular maintained school (including special) and the LA must comply with that preference unless:

  • the school is not suitable to your child's age, ability, aptitude or special educational needs, or
  • the placement would not be compatible with the efficient education of other children with whom your child would be educated, or
  • the placement is not an efficient use of resources.

If you chose not to express a preference, the LA will name the maintained mainstream secondary school that is closest to your child's home and that can meet his or her needs.

Before the LA can name a school in your child's Statement, it must consult with the school concerned and must take account of the views of the school before deciding to name the school. If the school is in the area of another Authority, then the LA must also consult the relevant Authority as well as the school.

In order for the LA to consider whether a school would be suitable for your child, it needs to take account of any special arrangements that need to be made and to determine if these represent an efficient use of resources. The LA and/or school must take reasonable steps to ensure that a maintained mainstream school is accessible, but there is no obligation to make adaptations or provide equipment. If these are required, the LA would normally look to another school where they were available.

If you decide you would like your child to attend a non-maintained school (that is a school not funded by a Local Authority), you do to have the right to express a preference for it. However, you do have a right to make representations and the LA must consider those representations but will always take account of what represents the most efficient use of resources provided it meets your child's needs.

The LA must amend your child's Statement by 15 February in the year that he or she is due to start secondary school (that is, during Year 6). The secondary school named in the amended Statement will be expected to attend your child's Year 6 Annual Review in order to make arrangements for his or her effective transfer.

Copyright Kent County Council 2008