[2025] UKUT 226 (AAC)

This appeal is concerned with the interpretation and application of what is often referred to as ‘the right to mainstream’ in section 33 of the Children and Families Act 2014 (CFA 2014). Two mainstream schools were in issue in this appeal. The local authority proposed School S, a mainstream maintained primary school with an autism resource base. Parental preference was for School O, an ‘ordinary’ maintained mainstream primary school. The Tribunal concluded that School O was unsuitable for the appellant’s child (who I will call C) and named School S in Section I of the C’s Education Health and Care Plan (EHC Plan).

Permission to appeal was granted by Judge Davies following a hearing on 4 March 2025 on one ground, being that:

“The Tribunal did not pay sufficient regard to parental preference for School O. School O was not subject to sufficient challenge to its ability to take reasonable steps to facilitate C’s attendance / avoid incompatibility.”