Learn how these legal frameworks safeguard the rights of Disabled pupils and what action you can consider if you experience similar barriers. ALLFIE have created this resource to explain a legal case study from Inclusion Now (Edition 68), The case study focuses on a Young Disabled person attending mainstream school whose impairment has changed, meaning their EHCP can no longer meet their needs. We break down: Right to Inclusive Education in a mainstream education setting, including:
- The duty of Local Authorities and health to fund the necessary provisions in the Education Health and Care plan
- The legal presumption in favour of mainstream education for children with EHC plans.
- Steps to challenge the council’s decision, such as requesting an emergency EHC review, exploring judicial review or disability discrimination claims, and considering appeals through the First Tier SEND Tribunal.
- Schools’ legal duty to make reasonable adjustments
- Additional support options, like applying for an NHS Continuing Care assessment.
Illustrations by: Stephen Hodgkins https://stephenleehodgkins.net/ Legal question answered by: Simpson Millar Solicitors https://www.simpsonmillar.co.uk/ #InclusiveEducationIsAHumanRight #FightForYourRights What you can do? Support and Sign our Manifesto and add your comments https://www.allfie.org.uk/support-us/… Become an ALLFIE Member – it’s free to join our inclusive education campaign https://www.allfie.org.uk/membership-… Subscribe for ALLFIE updates – get the latest campaign and policy news delivered to your inbox https://www.bit.ly/2wHaG0W Donate – add financial support to our campaign for the rights of Disabled pupils and students https://www.allfie.org.uk/support-us/… Visit the website https://www.allfie.org.uk/
