Question to the Department for Education:

To ask Her Majesty’s Government what action they are taking in the light of the concerns raised by the National Children’s Bureau that academy schools are refusing to take children with special needs in order to take pupils who are likely to get the best results.

The School Admissions Code and equalities legislation prevents any school from taking account of a child’s SEN or disability in deciding whether to admit him or her. Children with special educational needs (SEN) and disabilities who do not have a statement of SEN or an Education Health and Care (EHC) plan which names a school, will apply to schools as mainstream applicants. In these circumstances, academies, like local authority maintained schools, are required to comply with the statutory School Admissions Code in applying their admission policies. Any parent whose application is refused has a right to appeal to an independent appeal panel and the School Admission Appeals Code requires the panel to uphold any appeals where a school has not applied its admission policy correctly. The panel’s decision is binding on the school.

When a child has a statement of SEN or an EHC plan, naming a school, the law requires the school to admit the child (including if it is an academy). If an academy named in a pupil’s statement of SEN or EHC plan were to refuse to admit him or her, we would not hesitate to take action.