Question to the Department for Education:

To ask Her Majesty’s Government what action they intend to take about the reported proposal by Dean Trust to educate children with special educational needs and disability who have been admitted to one of its schools at another of its schools six miles away.

Local authorities are responsible for drawing up Education, Health and Care Plans (EHCPs) and are responsible for making sure the special educational provision set out in them is delivered, including admission to the named school. Once named in a final EHCP, a school is obliged to admit the child or young person. Should a school fail to meet this duty the Department can direct them to do so.

We are aware of concerns raised by parents and others about The Dean Trust’s proposal that pupils due for admission in September 2016 who have an EHCP which names Ashton on Mersey School should be educated at Broadoak School. We are determined to support the parties to satisfactorily resolve the situation regarding the currently affected pupils as well as in the longer term, and ensuring that the legal rights of families are enforced. For that reason officials will be meeting with the authority and trust on 20 June. Our priority is ensuring that the transition from primary to secondary school for pupils is as smooth as possible.

We are also determined to ensure that all schools are mindful of their responsibilities towards their pupils and act in accordance with the Children and Families Act 2014 and the statutory Special Educational Needs and Disabilities Code of Practice in ensuring the best possible outcomes for children and young people with special educational needs. All schools should also act in line with their responsibilities under the Equality Act 2010, which in part 6 states that the responsible body of a school must not discriminate against a child or young person: in the arrangements it makes for deciding who is offered admission; the terms on which admission is offered; nor, by not admitting.