Admission to Maplewell Hall Special School will normally be by way of a statement of special educational needs/Education Health and Care Plan (although note that point 3 of Annex B below also applies).
Parents may make representations for a placement at a special school during the transfer process of the statement/EHCP. The local authority responsible for making the statement retains responsibility for deciding whether to name the special school in the statement, based on the individual needs of the child and any representations made by parents. A local authority is required to consult with the special school before naming it in a child’s statement. Once the special school is named in a child’s statement, the school is under a statutory duty to admit the child.
Since April 2013 there has been a commissioning arrangement between the special school (provider) and local authorities (commissioners) intending to make placements at the special school regarding the number of places required. Funding arrangements will be made between the school and the commissioning LA.
Maplewell Hall School
Maplewell Hall School is one of the five Leicestershire County Area Special Schools. All admissions must satisfy the criteria as follows:
a) That the child being admitted has a Moderate learning difficulty, and:
b) That the learning difficulty presents the main barrier to learning
Where there are other associated conditions or difficulties then admission is reasonable; where those other conditions or difficulties represent the main barrier to learning then admission is not reasonable.
As stated in Annex B the school will not agree to admission where:
admitting the child would be incompatible with the provision of efficient education for other children.
This will apply in individual circumstances, following an assessment by the school of the potential impact of admission, and it will apply where our agreed and preferred maximum number of pupils in any one class is exceeded. Those maximum numbers are determined by the classroom sizes and building dynamics of Maplewell Hall School. Maplewell Hall is able to cater for ages 11-19 years with preferred class sizes of 12 pupils in a classroom. The maximum funding numbers (‘places bought’) will be determined by School negotiation with The Local Authority.
Only in exceptional circumstances will we admit pupils over and above these numbers, as follows:
a) Where an assessment is made that the nature of the child’s condition, and the circumstances in which the family find themselves, are so overwhelming that admission must take place (e.g. Safeguarding, victims of severe trauma etc.)
b) Where the school is directed by a Tribunal of by the Secretary of State
Statement on Admissions
Maplewell Hall School will abide by the regulations as set out in Annex B below. 3
REQUIREMENTS FOR THE ADMISSION OF PUPILS TO THE SCHOOL
- This annex may be amended in writing at any time by agreement between the Local Authority and The Governors of Maplewell Hall School.
- Except where paragraph 3 applies, the school may not admit a child unless a statement of SEN/EHCP is maintained for that child and the school is named in the child’s statement
- The school may admit a child without a statement/EHCP if:(i) s/he is admitted for the purposes of an assessment of his educational needs under section 323 of the Education Act 1996 and his admission to the school is with the agreement of the local authority, the school, the child’s parent and any person whose advice is to be sought in accordance with regulation 7 of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001;(ii) s/he remains admitted following an assessment under section 323 of the Education Act 1996; or(iii) s/he is admitted following a change in his circumstances, with the agreement of the local authority, the school and the child’s parents.
- If a child without a statement/E.H.C.P. has been admitted to the school for the purpose of an assessment, in accordance with paragraph 3(i), the school may allow the child to stay.(i) until the expiry of ten school days after the local authority serve a notice under section 325 of the Education Act 1996 that they do not propose to make a statement, or(ii) until a statement/E.H.C.P. is made.
- Where the local authority intends to name the school in a statement/E.H.C.P and have served a copy of the proposed statement (or amended statement) on the school, the school must respond to the local authority’s proposal within 15 days.
- The school must consent to be named, except where admitting the child would be incompatible with the provision of efficient education for other children; and where no reasonable steps may be made to secure compatibility. In deciding whether a child’s inclusion would be incompatible with the efficient education of other children, the school must have regard to the relevant guidance issued by the Secretary of State to maintained schools.
- If the school determines that admitting the child would be incompatible with the provision of efficient education, it must, within 15 days of receipt of the local authority’s notice, notify the local authority in writing that it does not agree that the school should be named in the pupil’s statement. Such notice must set out all the facts and matters the school relies upon in support of its contention that:
(a) admitting the child would be incompatible with efficiently educating other children; and
(b) the school cannot take reasonable steps to secure this compatibility.
- Where a local authority maintains a statement for a child under section 324 of the Education Act 1996 and the name of the school is specified in that statement, the school must admit that child to the school even if they consider that the school should not have been named in the child’s statement.
- Where the school considers that it should not have been named in a child’s statement, they may ask the Secretary of State to determine that the local authority has acted unreasonably in naming the school and to make an order directing the authority to amend the child’s statement by removing the name of the school. Where the Secretary of State makes an order to this effect, the school will cease to be under an obligation to admit the child from the date of the Secretary of State’s Order, or from such date as the Secretary of State specifies. In specifying a date, the Secretary of State must take into account both the welfare of the child in question and the degree of difficulty caused to the school by the child’s continued admission.
- Where the Secretary of State determines that a local authority has acted reasonably in naming Ashmount School in a child’s statement, the school must continue to admit the child until the school ceases to be named in the statement.
THE FIRST-TIER TRIBUNAL (SPECIAL EDUCATIONAL NEEDS AND DISABILITY)
- If a parent or guardian of a child in respect of whom a statement is maintained by a local authority appeals to the First-tier Tribunal (Special Educational Needs and Disability) either against the naming of the school in the child’s statement or asking the Tribunal to name the school, the Governing Body agrees to be bound by the decision of the Tribunal on any such appeal even if the decision is different to that of the Secretary of State under paragraph 9 or 10 above.
- Where the school, the Secretary of State or the First-tier Tribunal (Special Educational Needs and Disability) have determined that it should be named in a child’s statement, the governing body must admit the child to the school notwithstanding any provision of Annex B to this agreement