The admission authorities of all mainstream state-funded schools must comply with the School Admissions Code and with equalities law when determining and applying their admission arrangements.<\/p>
The Admissions Code includes provisions relating to the admission of children with special educational needs and disabilities, both in relation to those children who have an Education, Health and Care Plan (EHCP) and those who do not. Where a child has an EHCP that names a particular mainstream or special school, the school has a legal duty to admit that child.<\/p>
If anyone considers that a school\u2019s admission arrangements are not lawful they may object to the Schools Adjudicator, whose decisions are binding and enforceable. The parents of any child refused admission to a mainstream school also has the right of appeal to an independent appeals panel.<\/p>
Any parent who feels their admission appeal was not carried out properly can complain to the Local Government and Social Care Ombudsman (for maintained schools) or the Education, Skills and Funding Agency (for academies).<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4597", "label" : {"_value" : "Biography information for Kemi Badenoch"} } , "answeringMemberConstituency" : {"_value" : "Saffron Walden"} , "answeringMemberPrinted" : {"_value" : "Mrs Kemi Badenoch"} , "dateOfAnswer" : {"_value" : "2019-09-05", "_datatype" : "dateTime"} , "groupedQuestionUIN" : {"_value" : "281574"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2019-09-05T07:50:14.167Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "60"} , "answeringDeptShortName" : {"_value" : "Education"} , "answeringDeptSortName" : {"_value" : "Education"} , "date" : {"_value" : "2019-07-24", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Primary Education: Admissions"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Education, pursuant to the Answer of 21 June 2019 to Question 263684, what assessment his Department has made of the overall compliance of schools in England with equalities law and the schools admission code in their admittance and treatment of children with SEND.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/298", "label" : {"_value" : "Biography information for Steve McCabe"} } , "tablingMemberConstituency" : {"_value" : "Birmingham, Selly Oak"} , "tablingMemberPrinted" : [{"_value" : "Steve McCabe"} ], "uin" : "281573"} , {"_about" : "http://data.parliament.uk/resources/1141850", "AnsweringBody" : [{"_value" : "Department for Education"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1141850/answer", "answerText" : {"_value" : "
The admission authorities of all mainstream state-funded schools must comply with the School Admissions Code and with equalities law when determining and applying their admission arrangements.<\/p>
The Admissions Code includes provisions relating to the admission of children with special educational needs and disabilities, both in relation to those children who have an Education, Health and Care Plan (EHCP) and those who do not. Where a child has an EHCP that names a particular mainstream or special school, the school has a legal duty to admit that child.<\/p>
If anyone considers that a school\u2019s admission arrangements are not lawful they may object to the Schools Adjudicator, whose decisions are binding and enforceable. The parents of any child refused admission to a mainstream school also has the right of appeal to an independent appeals panel.<\/p>
Any parent who feels their admission appeal was not carried out properly can complain to the Local Government and Social Care Ombudsman (for maintained schools) or the Education, Skills and Funding Agency (for academies).<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4597", "label" : {"_value" : "Biography information for Kemi Badenoch"} } , "answeringMemberConstituency" : {"_value" : "Saffron Walden"} , "answeringMemberPrinted" : {"_value" : "Mrs Kemi Badenoch"} , "dateOfAnswer" : {"_value" : "2019-09-05", "_datatype" : "dateTime"} , "groupedQuestionUIN" : {"_value" : "281573"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2019-09-05T07:50:14.213Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "60"} , "answeringDeptShortName" : {"_value" : "Education"} , "answeringDeptSortName" : {"_value" : "Education"} , "date" : {"_value" : "2019-07-24", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Primary Education: Admissions"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Education, pursuant to the Answer of 21 June 2019 to Question 263684, what assessment his Department has made of the merits of the reported practice of parents and reviewing bodies of schools seeking to avoid compliance with equalities law and the schools admission code in their admittance and treatment of children with SEND.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/298", "label" : {"_value" : "Biography information for Steve McCabe"} } , "tablingMemberConstituency" : {"_value" : "Birmingham, Selly Oak"} , "tablingMemberPrinted" : [{"_value" : "Steve McCabe"} ], "uin" : "281574"} , {"_about" : "http://data.parliament.uk/resources/1131850", "AnsweringBody" : [{"_value" : "Department for Education"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1131850/answer", "answerText" : {"_value" : "
The government\u2019s ambition for children with special educational needs and disabilities (SEND) is the same for every other child: to make the most of early education, thrive in school and to live happy fulfilled lives.<\/p>
<\/p>
The London School of Economics report focusses on data related to the behaviour of schools and a cohort of children born into the 2006/07 academic year. This report does not consider parental choice in that some children may have gone onto a special school rather than the primary school they attended as their preschool choice.<\/p>
<\/p>
Where a child\u2019s education health care (EHC) plan names a school, the child must be admitted to that school. Where a child does not have an EHC plan, places will be allocated in accordance with the school's published admission arrangements.<\/p>
<\/p>
Furthermore, all mainstream state-funded schools must comply with the school admissions code and wider admissions law, as well as with equalities law. The code is clear that admission authorities must ensure their arrangements will not disadvantage unfairly, directly or indirectly a child with SEND.<\/p>
<\/p>
<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4113", "label" : {"_value" : "Biography information for Nadhim Zahawi"} } , "answeringMemberConstituency" : {"_value" : "Stratford-on-Avon"} , "answeringMemberPrinted" : {"_value" : "Nadhim Zahawi"} , "dateOfAnswer" : {"_value" : "2019-06-21", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2019-06-21T11:14:09.88Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "60"} , "answeringDeptShortName" : {"_value" : "Education"} , "answeringDeptSortName" : {"_value" : "Education"} , "date" : {"_value" : "2019-06-12", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Primary Education: Admissions"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Education, what assessment he has made of the implications for his policies of the recent London School of Economics report which has found that children with special educational needs and disabilities who attend nurseries based in primary schools are significantly less likely than their peers to be admitted into the school\u2019s reception class.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/298", "label" : {"_value" : "Biography information for Steve McCabe"} } , "tablingMemberConstituency" : {"_value" : "Birmingham, Selly Oak"} , "tablingMemberPrinted" : [{"_value" : "Steve McCabe"} ], "uin" : "263684"} , {"_about" : "http://data.parliament.uk/resources/64928", "AnsweringBody" : [{"_value" : "Department for Education"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/64928/answer", "answerText" : {"_value" : "
Data on the proportion of children made an offer of their first choice school for England has recently been published as part of the Statistical First Release \u2018Secondary and primary school applications and offers: 2014'. This is published online:<\/p>
<\/p>