Pupils with disabilities
We recognise that some pupils have complex medical needs and, or disabilities which may present a range of challenges to the pupil. These challenges can be across all aspects of daily life, including school attendance and engagement with their learning.
For CYP with life-long conditions, schools must always have regard to their duties under the SEND code of practice and the Equality Act 2010. They must ensure that all necessary reasonable adjustments are in place. The pupil must not be placed at a disadvantage by reason of their disability or disabilities.
If the pupil experiences barriers to their engagement with or access to learning, it must be established whether these due to a disability or their current ill health. Referrals to MSP can only be for current ill health.
Pupils with education, health and care plans (EHCPs)
Where the pupil with health needs also has an EHCP, their access to education is enshrined within their EHCP plan. A pupil with an EHCP can also experience periods of ill health. Therefore, the processes for schools to follow, including the graduated pathway for EBSA, are not exclusive to mainstream pupils or settings. Schools should follow the EBSA pathway if a pupil with EHCP exhibits these challenges. Schools should also liaise with the SEND caseworker and family to ensure that the EHCP resource is utilised appropriately to meet needs.
Where there are concerns about a EHCP pupil's provision, schools should always liaise with the SEND team and arrange for an annual review meeting. Where the annual review identifies that the current setting is unable to meet needs consideration must be given as to what the long-term provision requirements are.
A referral to MSP with a view for a place within Pilgrim Hospital School is not appropriate simply because the pupil is not able to engage with their mainstream school placement. The basis for all referrals to MSP, including those with EHCP, is that the pupil is unable to access their current setting, not because the current setting cannot provide for the pupil's needs.