An appeal can be rejected by the appeals panel. The panel’s decision is final and can only be appealed by judicial review. However, your child can be put on the schools waiting list for the school of your choice. Schools will sometimes put on extra classes for oversubscribed years.
There are three types of exclusion:
No, a fixed-term exclusion cannot be made permanent, or be extended. In rare cases, it is possible for a further fixed-term exclusion (or permanent exclusion) to be issued, to begin directly after the end of the first fixed-term exclusion. This usually only happens if further evidence of the incident that led to the exclusion has come to light.
Yes. The decision can be made to exclude if it can be established that there’s a link between the event outside school and maintaining good behaviour levels in the school. This might apply if the child were to be accused of a serious crime such as possession of drugs or assault.
The statutory walking distance is dependent on the child’s age. For children aged between 5 and 8 the statutory walking distance is 2 miles. For children over 8 and up to 16 the statutory walking distance is 3 miles. The distance is measured by the nearest available safe route on foot. If there’s no safe route, children aged 5 to 16 must be given free transport as long as they are attending a suitable school that is nearest to where they live. This is the case regardless of how far away the school is. This can be a very significant point for families with special needs children whose school may be a long way away.
You may still be able to get some help towards the cost of travel to school, if you child is not eligible for free transport. This will vary based on your local authority - you will need to check with the Local Authority directly. For example you may get help towards your child’s transport if you are a low income household, or if you have recently moved house and changing schools would disrupt your child’s education - such as if they are in the middle of GCSEs.
Students that are in full time further education and under the age of 19, can apply for a free bus or rail pass for their travel to and from college. They must live more than 3 miles from the closest campus offering their chosen course. Students that travel by car can also apply for help towards fuel costs.
Special Educational Needs (SEN) is when a child has learning difficulties or a disability that makes learning harder for them, compared to other children of a similar age. Not all children with disabilities have SEN; SEN is specifically about the extent to which the child is able to engage in education services. Someone with SEN may have difficulty with:
No, a school cannot refuse a child because they have SEN or a disability, if your child would have otherwise qualified for a place under the school’s admissions criteria. The School Admissions Code of Practice states that all young people and children with SEN must be treated fairly. The only grounds on which a mainstream school can refuse a child with SEN is where their needs or disabilities would interfere with the education of other children. If a school is named in Section 1 of a child’s EHCP, the school has a duty to admit that child.
Schools are provided with additional funding for children with SEN to help meet their needs, which is known as their delegated budget. This roughly equates to up to £6,000 from their school per academic year.
Copyright © 2024 Tees Law. All rights reserved.