For many SEND parents, this moment is crushing.
You’ve researched schools. You’ve visited. You’ve found somewhere that understands your child. You finally feel a sense of hope.
And then the letter arrives.
“The local authority does not agree to name this school.”
Often followed by language about cost, budgets, or “efficient use of public resources”. Parents are left feeling unreasonable, guilty, or frightened to challenge the decision.
Here’s the truth:
Cost alone is NOT a lawful reason to refuse your chosen school.
This blog explains what the law actually says, what councils often rely on parents not knowing, and what you can do next.
What the Law Says (in Plain English)
When you name a school in Section I of an EHCP, the local authority can only refuse it if they can prove one of the following:
- The school is unsuitable for your child’s age, ability, aptitude, or SEN
- Placement would be incompatible with the efficient education of other pupils
- Placement would be an inefficient use of public resources AND there is a suitable, cheaper alternative that fully meets need
All three points matter.
The key word parents often miss is AND.
Cost arguments only work if the council can show another school that meets every single identified need in the EHCP.
What Local Authorities Often Do Instead
In reality, many local authorities:
- Focus heavily on cost
- Suggest a cheaper school without proving suitability
- Use vague language like “can meet need” without evidence
- Rely on parents not understanding the legal test
Parents are often told they’re being unrealistic, difficult, or emotional.
You’re not.
You’re exercising a legal right.
“Efficient Use of Public Resources” Explained
This phrase causes huge anxiety — but it does not mean “the cheapest option”.
It means the local authority must show:
- Their preferred placement meets all needs in Sections B and F
- Provision will actually be delivered
- The placement will not cause harm, breakdown, or repeated exclusions
A cheaper school that cannot cope is not efficient — especially if it leads to trauma, reduced attendance, or emergency placements later.
What Parents Should Do If Cost Is Mentioned
If the refusal mentions cost, here are your next steps:
1. Ask for the refusal in writing
Never rely on verbal explanations.
2. Ask for evidence, not opinions
Request a written explanation showing how the LA’s proposed school meets every identified need.
3. Compare provision line by line
Look at Section F and ask:
- Who will deliver this?
- How often?
- With what training?
4. Remember this can be appealed
Parents regularly win at tribunal when cost is the main reason for refusal.
You do not need to prove your chosen school is perfect — only that it is suitable.
Why This Matters So Much
When councils prioritise cost over suitability, children pay the price.
We see:
- Repeated school breakdowns
- Rising anxiety and distress
- Increased exclusions
- Families pushed to crisis point
This isn’t about preference.
It’s about safety, stability, and access to education that actually works.
A Final Reassurance
If the local authority has refused your school choice and cited cost, that does not mean the decision is final.
It means the next stage has begun.
You are allowed to question.
You are allowed to challenge.
You are allowed to insist on suitability over savings.
At Ask Ellie, we exist to help families understand their rights, challenge decisions with clarity, and avoid being worn down by a system that often relies on silence and confusion.
If this situation feels familiar, you’re not alone — and there are options available.
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