Q:

02.03 Do all children with SEN who attend schools attend special schools?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
  • No

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    No. Contrary to the impression which the House of Lords Judicial Committee (predecessor to the Supreme Court) seemed to have in B v Harrow (No 1) [2000] ELR 109, not all children with EHCPs (then Statements) attend special schools. 

    Indeed, most children with EHCPs, and all children with SEN but no EHCP whose parents choose to have them educated in a school, attend mainstream schools (either maintained schools, mainstream academies, or mainstream private schools): CFA2014 s34.

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister