Request for assessment for child on Child Study visa
Need some help please!
We have a child whose parent is funding for them to attend an independent special school.
The child has lived here approximately a year but under a Child Study Visa. She is not therefore a permanent resident:
https://www.gov.uk/child-study-visa
We’ve received a request for an assessment and we’ve refused (based on need level initially but always a tricky one to argue when they are already in special) and the manager is mediating with the family on Monday. However, it has just been pointed out to us that the child is here under this visa and not permanently and we wondered if this impacts the right to request an assessment?
The visa has various stipulations including:
You cannot:
- study at an academic or a local authority-funded school (also known as a maintained school) or further or higher education institution
- get public funds (benefits)
Our first thought is that assessment is about understanding need - so perhaps a 'yes' they can ask and we can do it but the second thought is if need level indicates an EHCP is required the LA then has a duty to issue an EHCP and then cannot name anything but a private school (because of the visa) and by default is required to pay! Could we at that stage say 'we would name a maintained school however parent's have made their own arrangement in line with the requirements of her study visa'? Or similar? Or can we 'stop' this at the lack of right to request as the child is not permanently resident here? (feels unlikely as she is ordinarily resident...)
Thoughts/comments/advice?! Anyone had this before?!
Not had this before but my feeling is the answer is no. Both the webpage you mention and the excellent NRPF Network website (https://www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/education/primary-and-secondary-education) both make clear that there is no access to publicly-funded education and it would be very odd if there were nonetheless a right to an EHC plan. The test for doing a statutory assessment is if an EHC plan is or may be necessary (CFA 2014, s 36) which cannot be the case if there is no right to one in any event. Having said all of that, I am not aware of any specific prohibition on a local authority doing an assessment if it wants to (in the same way there are other prohibitions on public bodies providing services based on immigration status, e.g. in Sch 3 of the Nationality Immigration and Asylum Act 2002). There may be such a prohibition, I am just not aware of one. It is probably best to check with the relevant part of the Home Office which I think is UKVI .