To ask the Secretary of State for Education, how the Government plans to give parents confidence that their child will be accepted by academies that determine their own admissions and ensure that the child's needs will be met.
To ask the Secretary of State for Education, what powers local authorities have to ensure that academy schools accept children with special educational needs.
The law requires all schools, including academies, to comply with an Education, Health and Care (EHC) plan which names the school.
Where a child or young person has Special Educational Needs (SEN) or disabilities but does not have an EHC plan, academies are required to comply with the Schools Admission Code and the law relating to admissions in considering their parents’ application for a place. Academies must:
The Secretary of State also has powers under each academy’s funding agreement to direct the admission of a child to an academy. This power can be exercised if a school unlawfully removes a child from roll or if a school unlawfully refuses to comply with an EHC plan.
Finally, anyone applying for a place as a mainstream applicant, which includes those with SEN but without an EHC plan, can appeal to an independent appeal panel constituted and operating in accordance with the School Admission Appeals Code, if refused admission. The decision of the panel is binding on all parties.