Mossbourne Academy loses legal challenge over failure to admit SEN pupils

Mossbourne Academy in Hackney claimed that admitting the children could compromise other pupils’ education. The academy also argued that it already has more children with SEN than other schools.

Mossbourne had been backed by the not-for-profit company the Learning Trust, which was Hackney’s education provider at the time when the admissions decisions were made. It refused to name Mossbourne in the children’s SEN statements.

Disability campaigners welcomed the verdict from the independent SEN tribunal, which upheld five appeals made by parents of children who had been denied a place at the academy.

In total, the tribunal received eight appeals relating to children with SEN who were denied a place at Mossbourne. Of the remaining three appeals, one has been adjourned, another is expected to be heard in October and a third failed.

The charity Independent Parental Special Education Advice (Ipsea) supported four of the appeals. Jane McConnell, Ipsea chief executive, said the tribunal’s decision delivers a stark warning to schools and academies looking to refuse entry to pupils because of their disability.

She said: “There are very exceptional circumstances where a child with a disability cannot be supported in a mainstream school and in the last 12 years I’ve only known of two such cases. This latest decision shows that academies need to be making reasonable adjustments to support pupils with special education needs.”