Q:

Can sen school refuse place because they are full?

School have said can meet needs but non spaces. We are on waiting list and dont know when space will become available.

HZ

H Z
Parent
18 Mar 2023

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A: SenseCheck

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  • 19 Mar 2023
  • Yes

    Simple

    I am assuming this questions relates to oversubscription.

    The answer to your question is yes, if the standard admission arrangements apply.

    If a child or young person has an EHCp then s43 CFA2014 applies:

    https://www.legislation.gov.uk/ukpga/2014/6/section/43/enacted

    If the placement named in section I of an EHCp is covered by the statute then:

    "The governing body, proprietor or principal of the school or other institution must admit the child or young person for whom the plan is maintained"

    Sean Kennedy

    Sean Kennedy
    Talem Law