Children and Families Act 2014 (c. 6)

PART 3 E+W Children and young people in England with special educational needs or disabilities

Education, health and care plans E+W

Valid from 01/09/2014

43 Schools and other institutions named in EHC plan: duty to admit E+W

(1) Subsection (2) applies if one of the following is named in an EHC plan—

(a) a maintained school;

(b) a maintained nursery school;

(c) an Academy;

(d) an institution within the further education sector in England;

(e) a non-maintained special school;

(f) an institution approved by the Secretary of State under section 41.

(2) The governing body, proprietor or principal of the school or other institution must admit the child or young person for whom the plan is maintained.

(3) Subsection (2) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of SSFA 1998.

(4) Subsection (2) does not affect any power to exclude a pupil or student from a school or other institution.