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The case concerns a nine year old boy who was asked to leave a mainstream voluntary aided primary school because staff ‘could not cope’ with his disabilities.
His parents have appealed the outcome of the decision of the Special Educational and Disability Tribunal’s decision in which a judge backed the Local Authority’s decision to name a special school.
This raises important questions about inclusion. Under the s316 Education Act 1996, the starting point is always that children who have statements will receive mainstream education. The new section 316 states that a child who has special educational needs and a statement must be educated in a mainstream school unless this would be incompatible with a) the wishes of the child’s parents or b) the provision of efficient education of other children.
These are the only reasons why mainstream education can be refused outright. Although parents are allowed to express a preference for a maintained school the Local Authority can turn down the request for reasons including if the school.
I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved.
James' mother, Boyes Turner client
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