When a child has an Education Health and Care (EHC) Plan, parents have the right to express a preference for a school.  

What the Law says

Parents are able to express a preference for a school and the local authority must name the school in the child's EHC Plan unless:

• the school is unsuitable to the child's age, ability or aptitude or to his special educational needs, or
• the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources

The local authority may not name the school if the school shows that there are no reasonable steps that it could take to prevent the incompatibility.

Where do children with special educational needs go to school?

mainstream schools

In Blackburn with Darwen, nearly all children and young people with special educational needs attend mainstream schools and they achieve well in terms of their personal and academic progress.

• All schools and academies can make provision for special educational needs, and can manage common conditions like asthma, epilepsy and diabetes.
• Currently, children with different special educational needs are successfully attending mainstream schools.
• The schools can provide additional support and skilled class teachers will adapt the curriculum to meet every child’s level of ability and learning style.
• Accessibility has also greatly improved as schools have been re-built or modernized.
• If children require specific therapy and support this can still be accessed in mainstream provision and will be clearly identified in the Education, Heath and Care Plan for your child.
• A child with special educational needs attending a mainstream school will also benefit from developing friendships in the local community and engaging with a cross section of peers.

Any agreed additional costs to support your child will be detailed in the Education, Health and Care Plan. 

In this way funding should not prevent your child from attending mainstream school.

enhanced provision and special schools

A small number of children with very significant needs may need to be taught in more specialist provision.  This could be in a mainstream school with enhanced resourced provision or in a special school. 

In Blackburn with Darwen we have mainstream schools with enhanced resourced provision for children and young people with particular special educational needs such as hearing impairments (HI), moderate/severe learning difficulties (MLD/SLD) and speech, language and communication needs (SLCN).

• St Cuthbert’s CE Primary School – MLD/SLD and SLCN
• Lower Darwen Primary School – HI
• St Wilfrid’s CE High School - HI

Some children with complex special educational needs might need a place in a special school.  

There are 3 special schools in Blackburn with Darwen:

• Newfield School
• Crosshill School
• Eden School

Where can I get more information and advice?

All schools in Blackburn with Darwen have information about the provision they make for children with special educational needs on their websites and on the Local Offer website. If you need help accessing the website, your local library or staff at the Care Network Hub or your Town Hall can assist you. 

You can also get support and advice from SENDIASS.

Meeting a child's needs

We would always try and ensure that a child’s needs could be met in a local maintained school, academy, free or special school before considering a place in a school in the independent or non-maintained special school sector.

In many cases these schools are of some distance from the local authority which may involve long travel times for children and young people and can involve significantly more funding. The Local Authority is under a duty to avoid unreasonable public expenditure and this is taken into account when decisions are made about special school placements.

If you believe that the authority should arrange special educational provision for your child at an independent or non-maintained special school you can make representations to that effect.

Local Authorities are required to provide a list of independent schools and colleges in England and Wales, which are approved by the Secretary of State for Education. The list is also available here. Please note, if you want your child to attend an independent or private school which is not named on this list, then the Local Authority is not under any obligation to name the school in your child's EHC Plan or to provide any funding to the school to support their special educational needs. 

Decisions about placements in special schools and resourced mainstream provision

These decisions are made by the Statutory Assessment Team, based on the evidence presented about the complexity of the child’s needs.

This can be during the initial EHC process or through the Annual Review.

For more information about changes to your child’s provision see the downloads box.

If you want to change the school named on your child’s EHC Plan at a time outside the Annual Review, then please contact the statutory assessment team for further information. Statutory.assessment@blackburn.gov.uk

What if my child does not have an EHC Plan?

If your child does not have an EHC plan, even though they may have a special educational need or disability, you should follow the standard school application process.

You can also contact BwD's school admissions team: admissions@blackburn.gov.uk .

Please note: if your child is in the process of being assessed for an EHC plan you should still apply following the standard school application process. If you don't apply for a place and your child doesn't get an EHC plan, you may miss out on a place at one of your preferred schools.

Applying for a particular school on the grounds of medical, social or welfare needs

If you think your child has medical, social or welfare needs that support an application for admission to a particular school, you'll have the opportunity to include these needs in your application. 

This is only relevant if the school you are applying to has a medical, social and welfare criterion in their admission policy.

You will need to provide evidence that your child meets this criterion. 

The evidence should be supplied by an appropriate professional like a doctor, health visitor or social worker. This evidence should  be sent to the admissions team separately, before the closing date.

Please note:

All community and voluntary controlled schools include a medical, social and welfare criterion in their admission policy. For voluntary aided, foundation, free schools, academies and independent schools you will need to check their individual admission criteria.

If you want to know more about admissions criteria and social, medical and welfare applications, please read the information for parents booklets for primary applications and secondary applications: click here 

Changing schools during the academic year

Generally a child admitted to a primary school will remain in that school until transfer to secondary school. Likewise, secondary school pupils will remain in that school until age 16. (Different arrangements will apply to pupils attending infant and junior schools).

Occasionally, parents may consider a change of school. Before requesting a change of school, you should contact the head teacher of your child’s current school.

More information about changing schools is listed in the Council’s “In Year Admission Form”.

The form is available from the Place Planning & Admissions team, Children’s Services and Education Department, 10 Duke Street, Blackburn, BB2 1DH. Telephone (01254) 666605.