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

Education, health and care plans

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

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.