Education under 16
Are unaccompanied asylum seeking children (UASC) and children of asylum seekers entitled to education?
The education department of each Local Authority (LA) has a legal duty to provide education to all children of compulsory school age resident within their area, irrespective of their immigration status and appropriate to age, ability and aptitudes and any Special Educational Needs (SEN) they may have [1].
Schools cannot legally refuse to admit a child at the beginning of the academic year unless the school is full. However they do have discretion as to whether to admit a child during the course of the academic year. Exceptions are when a child's illness prevented him or her from starting at the usual time, moving of residence (this might be relevant to UASC and children of asylum seekers) and other circumstances beyond the parent's control [2].
Where admission is refused there is a right of appeal to an independent appeal panel which should be exercised as soon as possible.
Contact the National Education Line for free advice and information on all matters relating to education law on 0845 345 4345
Revised 25/01/08
Notes
[1] See s.14 of the Education Act 1996
[2] See s.433 Education Act 1996
