Choosing a school

If your child does not have a statement you have the same rights as parents of children without a disability to choose, apply and appeal for a mainstream school. By law, schools and local authorities must treat your application for a place as fairly as those for other children. To treat your child less fairly because of their disability would be disability discrimination, although selective schools may choose children on the basis of ability.

The position for parents of children with statements is different. You have a right to say which school you want for your child:

• when your child’s statement is first drafted; and
• when the statement is amended by the local authority for any reason. Examples include a change in your child’s difficulties, a change of circumstances such as a move of home or a permanent exclusion, or at secondary transfer

If the local authority refuses you the school you want, you can appeal. The only time you can appeal for an independent school or non-maintained special school is when the statement is first drawn up or if it is amended by the local authority. The school must write to say it has a place for your child.

Once your child is in school with a statement, you have the right to ask for a transfer to a state school of the same type (i.e. mainstream or special).