SEN Admissions Children with Statements and EHCPs
All governing bodies are required by section 324 of the Education Act 1996 to admit to the school a child with a statement of special education needs that names the school. Under section 37 of the Children and Families Act 2014 the school named in an Education, Health and Care Plan must admit the child. This is not an oversubscription criterion. Schools must admit such children regardless of whether they have places available. Admission authorities must not imply in their published admission arrangements that they have discretion over the admission of children with statements of special educational needs or an EHCP. Children with Statements of SEN/EHCPs are not admitted through the admissions arrangements and are placed in schools through the statement/EHCP process.
Children with SEN but no Statement/EHCP It is not lawful for an admission authority to refuse admission to a child who has SEN, but has no Statement or EHCP, on the grounds of the child's challenging behaviour (except in very limited circumstances), or because it believes the child requires a statutory assessment or requires additional support. In line with the Equality Act 2010, children with disabilities are not to be treated less favourably than others in the admission process. A school should make reasonable adjustments to prevent discrimination.