EHC PLAN and 6th form

[Cathymorganforeman]

Year 10 annual review coming up for my ds. He has an EHCP and is desperate to stay on at his current school for 6th form. He is working really hard but is unlikely to hit the required grades - can I name the school anyway? And will they have to take him? Thanks in advance if anyone can advise...

[GnotherGnu]

Yes, you can name the school and, if the LA agrees, they will have to take him. They should in any event be more relaxed about the grades given the duty to make reasonable adjustments for disability.

However, although they will have to offer a place, they don't necessarily have to offer him a place on the courses he wants to do. Again, if they are reluctant to do so you could argue that it is disability discrimination, but it's a more difficult case to make.

[Cathymorganforeman]

Thanks so much for your reply! That’s great to know.