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• 14 Feb 2022

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  Where a child with SEN is in a mainstream school “those concerned with making special educational provision for the child must secure that the child engages in the activities of the school together with children who do not have special educational needs…”: CFA2014 s35(2). That is an obligation which, in a clear-cut case could be legally enforced.

  Where a CYP is registered at a mainstream school, a maintained nursery school, a 16 to 19 Academy, an alternative provision Academy, an institution within the further education sector, or a pupil referral unit, and has SEN then the institution “must use its best endeavours to secure that the special educational provision called for by the pupil's or student's special educational needs is made”: CFA2014 s66. 

  That obligation would be difficult directly to legally enforce not least because lack of funds could be relied on as a reason to limit the SEP being provided. Some parents have sought an EHCP for their child in such circumstances.

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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