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09.28 Are academies and free schools legally the same as maintained schools when it comes to SEN?

Noddy 'No-nonsense' Guide to SEN law EHCP section I
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
14 Feb 2022

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A: SenseCheck

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  • 03 Mar 2025

  • Yes

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    Yes. CFA2014 SEN provisions apply to academies in the same way that they apply to maintained schools. CFA2014 places statutory SEN duties on academies just as it does on maintained schools. 

    For example, they can be the subject of a parental request for a placement with the same effect as for a maintained school (CFA s38(3)(c)) and have a duty to admit when named (CFA2014 s43(1) and (2)). 

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