Lord Ouseley – 2016 Parliamentary Question to the Department for Education

The below Parliamentary question was asked by Lord Ouseley on 2016-01-11.

To ask Her Majesty’s Government what guidance they give to academies about having education, health and care plans in order to stop them from turning away children with special needs.

Lord Nash

It is vital that young people with special education needs and disabilities (SEND) are supported throughout their education so that they develop the knowledge and skills they need to fulfil their potential.

The School Admissions Code ensures that academies operate a fair admissions policy for all children with SEND. Section 1.8 of that Code requires admission authorities to ‘ensure that their arrangements will not disadvantage unfairly, either directly or indirectly, a child from a particular social or racial group, or a child with a disability or special educational needs.’ These provisions apply to admission authorities for all state-funded mainstream schools, including academies.

Once a school (of any type) is open, anyone can object to the Schools Adjudicator if its admission policy breaches these requirements. This is in addition to their right to seek redress through the courts for any breach of equalities legislation, since disability is a protected characteristic under the Equality Act 2010. Parents also have the right to refer disability discrimination cases to the First Tier Tribunal (SEN & Disability) to seek redress if their issues cannot be resolved locally.

In addition, all schools, including academies, must adhere to the statutory guidance, the ‘Special Educational Needs and Disability Code of Practice: 0-25 years’.

The Code of Practice is clear that parents are asked to express a preference for a school, as part of the process for agreeing an education and health care (EHC) plan for their child. The local authority must name the parents’ preferred school in the EHC plan, unless it is unsuitable for the child’s age, aptitude, ability and special educational needs; or if placing the child at the preferred school would be incompatible with the efficient education of others or the efficient use of the authority’s resources. The local authority must consult the school before naming it in the EHC plan.

If an academy is named in an EHC plan, it is obliged to admit that child or young person.