School/Academy's duty to admit
Good afternoon all
Has anyone had a situation arise whereby an Academy has been named in a child's EHC Plan but the academy has subsequently refused to admit? If so, what action did you take as an LA to ensure the child was admitted? Many thanks
Amy
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A couple of years ago, I acted for a LA where I was sure the out of borough mainstream Academy's strenuous reasons for refusing admission would not stand up at Tribunal. About 10 days before the hearing I therefore settled the proceedings by consent order with the parent. Academy, furious, took my LA to DFE (not JR) who many months later found for the LA (after the sort of extensive work described by Carrie above in her case) but in meantime refused to admit. Parents were upset by the delay, but ultimately the LA and DFE were vindicated as the child did really well at the Academy. When faced with a similar situation about a year ago, I actually allowed the matter to drift to a hearing, allowed the Academy Head to give evidence, effectively cross examined the Academy, and the Tribunal happily ordered the Academy to take. Removed (or at least reduced) risk of a DFE referral. Latter approach is procedurally anomalous and some Judges may be annoyed at LA not ordering Academy to take so tread carefully in this situation!