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Tension exists between a rights-based approach to education, which prioritises capability for decision making, and attainment grouping, a practice underpinned by belief in the ‘low ability’ of some students. This study gathered information about student experiences of lower attaining groups in two regions of Wales where educational rights are promoted, but where attainment grouping is a widespread practice. Focus groups and interviews were carried out with 70 students in seven secondary schools as well as interviews with teachers and teaching assistants (n=10) leading groups. Students expressed strong satisfaction with lower attaining groups as safe spaces to learn, though with some evidence that this was in light of negative prior experiences of learning and lack of teacher acknowledgement of educational rights.