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 a placement in a mainstream school, whether or not the school is “suitable” is not a relevant consideration. The only issue to consider is whether attendance at the mainstream school would be incompatible with the education of other children and if so, that incompatibility cannot be removed by the taking of “reasonable steps”.

ME v London Borough of Southwark [2017] UKUT 73 (AAC): when a parent or young person has asked for a mainstream setting, even if the placement is rejected under s. 39 Children and Families Act 2014 (on the grounds that it is unsuitable, or incompatible with the efficient education of others or the efficient use of resources), it may still be named under s. 33 Children and Families Act 2014 (the right to mainstream) unless the child or young person’s attendance would be incompatible with the efficient education of others and there are no reasonable steps that could be taken to avoid this.

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.