The government is consulting on changes to school admissions rules which would mean schools cannot reject pupils with special educational needs or disabilities (SEND).

Its consultation on changes aims to make sure schools admit pupils with SEND under Fair Access Protocols or during in-year admissions.

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Fair Access Protocols ensure that children without school places can find a place quickly outside of normal admissions rounds.

In its consultation on the changes, closing 16 October, the government said that while authorities are able to refuse school places on the basis of a pupil’s challenging behaviour, “this provision is not always used as intended and is sometimes used to refuse admission to children with behaviour that can sometimes be challenging due to underlying circumstances such as SEND.”

The government therefore wishes to introduce a maximum 20-day time limit for a school place to be allocated to a child where it has been agreed they will be considered under Fair Access Protocols, “to minimise the amount of time children, particularly the most vulnerable, are out of education”.

In the draft school admission codes for the consultation, the government has stated that authorities “must not refuse to admit a child thought to be potentially disruptive, or likely to exhibit challenging behaviour, on the grounds that the child is first to be assessed for special educational needs”.

In March, Tes reported that the Department for Education’s permanent secretary said he had “concerns” over schools engaging in poor admissions practices to informally exclude children with SEND. 

Jonathan Slater, the DfE’s most senior official, said worries over this had led Ofsted to place more focus on inclusion in its inspections regime.