Can Minerva virtual academy be named in an ehcp ,?
LA are saying as cfa 2014 does not mention online schools 38(3) we cannot request it. Even though Minerva appears on the dfe get information about schools list.
The La also says that even though it is dfe approved and meets ofsteds online accreditation we cannot use it until it is added to the LA’s approved alternative providers list by which time our daughter will have missed an entire academic year (year 7)
A: SenseCheck
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- 06 Apr 2025
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Yes
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Simple
Dear Jojo Mamoon,
Yes, of course it can.
The reasons provided by individuals within that local authority do not appear to be correct, in my view, as they seem to be based on – and I say this respectfully - an emerging rather than a complete understanding and also a local policy decision rather than the applicable legal framework—which must always take precedence.
The Noddy Guide is instructive in this context. Please review the following sections:
09.0454 Can a virtual education provider be a “school”?
09.0455 Should a virtual education provider be specified in Section I?
You may wish to share this information with the Local Authority, in the hope that it will assist them in their decision-making process. That said—although I hope it will not prove necessary—you may ultimately need to seek the assistance of the First-tier Tribunal, after first considering or engaging in mediation.
I am somewhat familiar with MVA, and I assume one of the features you have highlighted to the local authority is its likely efficient cost structure, particularly when compared to a traditional ‘bricks and mortar’ school.
Finally, this is a highly pertinent question, as virtual education provision is becoming increasingly widespread. While I must remain neutral on whether this trend is desirable, there is no doubt that your query—and this response—may be of assistance to others who visit this site.
Best wishes,
Sean Kennedy
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