43Schools and other institutions named in EHC plan: duty to admitE+W
(1)Subsection (2) applies if one of the following is named in an EHC plan—
(a)a maintained school [F1in England];
(b)a maintained nursery school [F2in England];
(c)an Academy;
(d)an institution within the further education sector in England;
(e)a non-maintained special school [F3in England];
(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.
Textual Amendments
F1Words in s. 43(1)(a) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(a); S.I. 2021/373, art. 8(j)(xxxviii)
F2Words in s. 43(1)(b) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(b); S.I. 2021/373, art. 8(j)(xxxviii)
F3Words in s. 43(1)(e) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(c); S.I. 2021/373, art. 8(j)(xxxviii)
Commencement Information
I1S. 43 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)