Education Law
School admissions, special educational needs, exclusions, and academy governance.
Introduction
Education law governs the provision of education in England & Wales, from early years through to higher education. The Education Act 1996 establishes the duty to provide education. The Children and Families Act 2014 reformed special educational needs provision, introducing Education, Health and Care (EHC) plans. The School Admissions Code governs admissions, and statutory guidance regulates exclusions. Academy schools operate under funding agreements with the Secretary of State.
In Brief
Every child of compulsory school age (5–16) has a right to full-time education under the Education Act 1996. Parents can appeal school admission refusals to an independent panel and special educational needs (SEN) decisions to the SEND Tribunal. Local authorities must issue an Education, Health and Care (EHC) plan for eligible children within 20 weeks of a needs assessment request.
Core Principles
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.
Key Statutes
Leading Cases
Ali v Headteacher of Lord Grey School
[2006] UKHL 14
Common Scenarios
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.
Related Careers
Frequently Asked Questions
What are my rights if my child is excluded from school?
A head teacher can exclude a pupil for disciplinary reasons. For a permanent exclusion, the governing body must review the decision, and parents can request an Independent Review Panel. Schools must provide suitable full-time education from the sixth day of exclusion. Pupils with SEN have additional protections and the exclusion may breach the Equality Act 2010 if related to a disability.
How do I appeal a school admissions decision?
Parents have a statutory right to appeal to an independent appeal panel if their child is refused a place at their preferred school. The appeal must be submitted within 20 school days of the refusal. The panel considers whether the admissions authority correctly applied its oversubscription criteria and whether the child's circumstances outweigh the prejudice to the school of admitting an additional pupil.
What is an Education, Health and Care (EHC) plan?
An EHC plan is a legal document for children and young people (0–25) with special educational needs and disabilities (SEND) that specifies the education, health and care provision they need. The local authority must carry out an EHC needs assessment if there is reason to think the child may have SEN. Parents can appeal to the SEND Tribunal if the authority refuses to assess, refuses to issue a plan, or the plan's content is disputed.
Are academies and free schools subject to the same legal requirements as maintained schools?
Academy schools and free schools are independent of local authority control and are regulated by funding agreements with the Secretary of State (DfE). They must follow the National Curriculum in most respects and are subject to the Equality Act 2010, safeguarding legislation, and Ofsted inspection. Admission arrangements for academies are overseen by the Schools Adjudicator.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
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