logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

challenges to SEN admissions

6 February 2019

A recent High Court decision has confirmed the power of schools to challenge the inappropriate placement of children with EHCPs at schools.

Under the Children & Families Act 2014, schools must be consulted before being named in an EHCP and being required to admit a child as a pupil. The case confirms that the consultation process must be lawful which means sufficient time and information must be provided and that the school’s responses must be properly considered.

If the local authority cannot provide evidence of such consideration, it may give rise to a successful challenge in the courts. The court also acknowledged that it was appropriate for schools to approach the ESFA under the complaint mechanisms in the Education Act 1996 to resolve the issues prior to issuing proceedings.

The decision confirms that decisions taken by a local authority to place a child with SEN in a school have to be taken on a lawful basis.

The decision confirms that consultation is required and that decisions must be evidenced. Schools, when responding to a consultation, must detail all the concerns they have around the unsuitability of the school in terms of the provision required to meet the child’s needs and the problems that the child’s attendance would cause.

related opinions

The black hole of school places to be plugged by free schools?

The deficit in school places is worsening and schools and families face uncertainty of pupil places. The baby-boom cohort is now school age and places are desperately needed.

View blog

The Data Protection Act 2018 received Royal Assent on 23 May 2018

Only limited sections of the Act will take effect immediately. Our blog provides a summary of the key information you need to be aware of now.

View blog

Relationship between head teacher and criminal offender raises safeguarding concerns

Is a head teacher obliged to notify her employer of an existing personal, but non sexual, relationship with an individual who had recently been convicted of making indecent images of children?

View blog

School admissions is change coming

Admission authorities are urged to change their policies ahead of proposed change in the law.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up