Question to the Department for Education:

To ask the Secretary of State for Education, what steps are being taken to ensure that (a) academies and (b) free schools admit a reasonable proportion of children with disabilities and special needs; and if he will make a statement.

All state funded schools, including academies and free schools, have the same responsibilities with regard to children with special educational needs and disability (SEND). This includes admitting all children whose Education, Health and Care (EHC) plan names the school and using their best endeavors to make the provision required to meet the special educational needs of those pupils.

The School Admissions Code also requires children and young people with SEND to be treated fairly and prohibits admission authorities refusing admission to a child who has SEND but does not have an EHC plan because they do not feel able to cater for those needs. They must also not refuse to admit a child on the grounds that they do not have an EHC plan.

If the school named in the EHC plan refuses to admit a child, it can be directed to do so.