Legal guide: the right to mainstream
ALLFIE will be adding more resources to its new website that you may find useful. A new addition is a legal guide by barrister Steve Broach which looks at how families may be able to use the law in making the case for their child to be in mainstream.
The Children and Families Act 2014 sets out a presumption that children should be in mainstream education, unless either the parent/young person does not wish for it, or this would be incompatible with “the provision of efficient education for others”. In this guide Stephen looks at what this actually means and what arguments you may be able to use in dealing with the local authority. He also looks at some relevant human rights legislation and case law, and discusses the various avenues open to you, from going to tribunal, through judicial review, to using the Equality Act 2010 in establishing a discrimination claim.
You can read the full guide here.