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Academy faces legal action over proposed transfer of disabled pupils

Law firm Simpson Millar has started legal action against an academy over plans to send disabled pupils to another school within the same trust.

The seven pupils were due to start Ashton-on-Mersey school in Trafford in September but have now been told they must attend the Broadoak school in Partington. Both academy schools are run by the Dean Trust.

Solicitor James Betts said: “These parents are right to be angry. Schools have a duty under the Children and Families Act to admit a child to the school if it is named in their education, health and care plan by the local authority.

“I doubt very much that any parent who had secured a place for their child at a particular school would accept being told late in the day that their child would be attending a different school. This smacks of discrimination against children with special educational needs and that is unacceptable.”

Betts said he thought the school has acted unlawfully and had sent a pre-action letter.

Ashton-on-Mersey School did not respond to a request for comment.

Mark Smulian

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