Can a school refuse a child with an ehcp who previously attended the achool
School are refusing to admit due to relationships with peers
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 23 Apr 2026
-
Other
|
Other
Too fact specific, I can't generalise.:
Dear Ms Margerison,
It may depend on the type of school or institution and whether it is named in Section I of the EHCP. The Children and Families Act 2014 provides that, where certain schools or institutions are named in an EHCP, there will generally be a duty to admit the child. That group includes maintained schools in England, maintained nursery schools in England, Academies, institutions within the further education sector in England, non-maintained special schools in England, and institutions approved by the Secretary of State under section 41. This assumes that the EHCP properly sets out the child’s needs and the provision required to meet them. If the school is not named, or the issue is whether it should be named, concerns about problems with peers would not usually be enough on their own. Instead, those concerns would normally need to be linked to a recognised legal ground, such as a claim that the child’s attendance would affect the efficient education of other pupils, and that would usually need to be supported by evidence. A non-section 41 independent school is in a different position and does not fall within the same parental request and admission framework, although a refusal to offer a place in such a case could, depending on the reason for the refusal and the surrounding facts, potentially raise disability discrimination issues.
You may also wish to look at the Noddy Guide, as this will undoubtedly assist you further. Moreover, I look forward to reading any other answers colleagues may provide.
I hope these observations are of some assistance.
23 Apr 2026
|
Comment