Recent reports suggest that many academies are refusing to admit children who have statements of special educational needs and that such decisions may not be challenged by the First Tier Tribunal (Special Educational Needs and Disability). This potentially amounts to disability discrimination and undermines children’s legal right to a mainstream education. It also seriously compromises parental choice.

A case in point is an 11-year-old boy who has cerebral palsy (he is sometimes unsteady on his feet), has been identified as gifted and has already obtained an A* in Maths GCSE. The academy of his choice has refused to offer him a place, saying that his admission “would be incompatible with the efficient education of other children”. The First Tier Tribunal has refused to hear his parents’ appeal, on the grounds that the academy is under no obligation to implement the Tribunal’s decision. (More information in media and other reports).

During the passage of the Academies Act the Special Educational Consortium (SEC), of which CSIE is a member, had expressed concerns that academies might not have the same responsibilities to admit children or young people who have statements of special educational needs. In response, the government had made assurances that, with regard to “SEN provision”, there would be absolute parity between academies and other State-funded schools. This has clearly not materialised. Urgent action is needed to achieve such parity and ensure equality of opportunity.

We are all silent (?) witnesses to the first cohort of young people making the transition from primary to secondary education since the passage of the Academies Act. By now, more than half of all secondary schools in the country have become academies. In many areas every secondary school is an academy. This may leave some young people, and their parents, with woefully limited choice of school.

CSIE is petitioning the Department for Education to take immediate action to ensure equality of opportunity and keep its promise of parental choice. Our petition has been rejected twice but we have submitted it once again and will post here details of how it can be signed, when these become available.