Govt guidance is that the risk assessment should be conducted for every child who has an EHCP and is not in school for a significant amount of the week. The trust is right that this is not statutory, however my contact at the DfE has advised us that we would be foolish not to conduct risk assessments and record the discussion related to whether or not to offer a school place. This must be done collaboratively with the child and their parents. It should be a transparent process so that if a challenge arises clarity is possible. In my LAs we have given schools a template and expect them to use it when communicating with parents. The risk assessment should also be reviewed regularly as the situation at home or school changes. Strictly speaking the duty to do the risk assessment is on the LA, but as they cannot know the school’s situation or the family’s needs in depth then they are working with schools to ensure that it happens. I’m sure the school would rather guide the decision making than have the LA decide on their behalf…