The right to a mainstream education

Bury Metropolitan Borough Council v SU [2010] UKUT 406 (AAC): When considering the right of a child with a Statement (now an EHC plan) to be educated in a mainstream setting, whether or not mainstream education is “suitable” is not a relevant consideration. The only issue to consider is whether education in a mainstream setting would be incompatible with the efficient education of other children and if so, that incompatibility cannot be removed using all reasonable steps.

ME v London Borough of Southwark [2017] UKUT 73 (AAC): When considering the right of a child with a Statement (now an EHC plan) to be educated in a mainstream setting, whether or not mainstream education is “suitable” is not a relevant consideration. The only issue to consider is whether education in a mainstream setting would be incompatible with the efficient education of other children and if so, that incompatibility cannot be removed using all reasonable steps.

Harrow Council v AM [2013] UKUT 0157 (AAC): Where a parent requests a mainstream school and there is no suitable school available (whether inside or outside its area), the LA is under an absolute obligation to make a mainstream school suitable to meet the child’s needs, subject only to the qualification that it must be compatible with the efficient education of other children.

AA v London Borough of Hounslow (SEN) [2025] UKUT 226 (AAC): This case reminds us that many mainstream schools with an attached resource base or unit are still mainstream schools, even if they make special educational provision for some pupils with special educational needs in separate classes to other pupils. The duty to name a mainstream school where a parent wants a mainstream education is complied with if the LA names a mainstream school in the EHC plan, and this can include a mainstream school with a base/unit. Section 33 of the CFA 2014 is not a right to a particular mainstream setting or to a ‘mainstream experience’.