Derecho educativo
Admisiones escolares, necesidades educativas especiales, exclusiones y gobernanza.
Introducción
El derecho educativo regula la escolarización, las necesidades educativas especiales y los derechos de padres y alumnos.
Principios fundamentales
Right to Education — Every child of compulsory school age (5–16) must receive efficient full-time education suitable to their age, ability, and aptitude (Education Act 1996, s.7).
School Admissions — Admissions authorities must comply with the School Admissions Code. Oversubscription criteria must be clear, objective, and procedurally fair. Grammar schools may select by ability.
Special Educational Needs — Children and young people (0–25) with SEN are entitled to support. EHC plans specify the provision required. Parents can appeal to the First-tier Tribunal (SEND).
Exclusions — A head teacher can exclude a pupil for disciplinary reasons. Permanent exclusions can be reviewed by an Independent Review Panel. The school must arrange alternative provision from the 6th day.
Safeguarding — Schools have a statutory duty to safeguard and promote the welfare of children (Education Act 2002, s.175). Staff must follow the 'Keeping Children Safe in Education' guidance.
Academy Governance — Academy trusts are companies limited by guarantee and exempt charities. They operate under funding agreements with the DfE and are subject to the Academies Financial Handbook.
Leyes clave
Casos principales
Ali v Headteacher of Lord Grey School
[2006] UKHL 14
Escenarios comunes
Child denied a school place
Parents can appeal to an independent appeal panel. The panel considers whether the admissions authority applied the oversubscription criteria correctly and whether the child should be admitted.
School refuses to assess for SEN
Parents can request an EHC needs assessment from the local authority. If refused, they can appeal to the SEND Tribunal within 2 months. Mediation through an independent service is available.