Children with SEN but no EHCP

It is unlawful 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.

Any such refusal to admit can be challenged at an Independent Admission Appeal Panel.

If the appeal is unsuccessful, an application for judicial review of the panel’s decision or a complaint to the Local Government Ombudsman may be appropriate.

In line with the Equality Act 2010, children with disabilities must not be treated less favourably than others in the admission process.

A school should make ‘reasonable adjustments’ to prevent discrimination. Any complaint of discrimination in admission arrangements should be made to the Independent Admission Appeal Panel, not the First Tier Tribunal.