Every child has legal rights in education. Describe your situation and get instant plain English guidance on your rights and what you can do.
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What you need to know
Every child in England between the ages of 5 and 16 is entitled to a free, full-time education. Local authorities have a legal duty to ensure school places are available for all children in their area. From September 2023, free childcare is available for eligible two-year-olds, and from April 2024 for eligible nine-month-olds.
Schools can exclude pupils for a fixed period (up to 45 school days in any school year) or permanently. The headteacher must follow statutory guidance on exclusions. Parents must be notified on the day of exclusion and the school must set and mark work from day one of a fixed-term exclusion, and from day six of a permanent exclusion.
If your child is permanently excluded you have the right to ask the school's governing board to review the decision. If the governing board upholds the exclusion you can request an Independent Review Panel (IRP). You must apply within 15 school days of the governing board's decision. IRPs can recommend or direct the governing board to reconsider.
Children and young people up to age 25 with significant special educational needs and disabilities (SEND) may be entitled to an Education Health and Care Plan (EHCP). You can request a needs assessment from your local authority. The authority has 20 weeks from the date of the request to issue a final EHCP. You have the right to name a preferred school.
You have the right to express a preference for a state school. If your child is refused a place you have a right of appeal to an Independent Admission Appeal Panel. For infant classes (Reception to Year 2) the grounds for appeal are limited, but for other year groups the panel must balance the prejudice to your child against the prejudice to the school of admitting.
Schools have a legal duty to have an anti-bullying policy and to take reasonable steps to prevent bullying. If your child is being bullied and the school is not responding adequately, escalate formally to the headteacher and then the governing body. Serious safeguarding concerns can be referred directly to the local authority's children's services.
This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.