Introduction
If your child has Special Educational Needs and Disabilities (SEND), finding the right school can be one of the most stressful challenges. But what happens when your local authority or school rejects your child’s placement?
💬 Can a school legally refuse to admit a child with SEND?
💬 What should you do if the only available schools aren’t suitable?
💬 How do you challenge a refusal and get your child the right support?
With increasing funding pressures, school overcrowding, and staff shortages, more families are being denied places or forced into inappropriate settings. This guide will walk you through what to do next if your child is refused a school placement.
🚫 Can a School Refuse a Child with SEND?
📌 Schools have a legal duty to admit children with SEND, but there are some exceptions.
A school cannot refuse admission just because a child has SEND, unless:
✔️ They do not have the resources to meet your child’s needs (but this must be proven).
✔️ The placement would impact other pupils and the school cannot make reasonable adjustments.
✔️ The school is already full and no spaces are available.
💡 If your child has an EHCP, the school must admit them unless the local authority can prove:
➡️ The school is unsuitable for the child’s needs.
➡️ The child’s attendance would negatively impact others.
➡️ There are no available places.
🚀 Important: Schools often reject children unlawfully—knowing most parents won’t challenge the decision. That’s why it’s crucial to act quickly if this happens.
🛑 What to Do If Your Child Is Denied a School Place
Step 1: Ask for a Written Explanation
✔️ If a school refuses admission, they must provide a formal written reason.
✔️ If the local authority refuses to name your chosen school in an EHCP, they must give clear reasoning in writing.
Step 2: Check Your Legal Rights
✔️ If your child does NOT have an EHCP:
- You can challenge the decision through the school admissions appeals process.
- Schools must make “reasonable adjustments” under the Equality Act 2010—you can challenge them if they fail to do so.
✔️ If your child HAS an EHCP and was refused a school place:
- You can appeal the decision to the SEND Tribunal.
- The local authority must prove why the school is unsuitable, not the other way around.
Step 3: Gather Evidence to Support Your Case
✔️ Obtain medical reports, school reports, EHCP documentation, and any expert opinions.
✔️ If the school claims they can’t meet your child’s needs, ask for proof. Many schools reject children due to funding concerns rather than actual capacity issues.
Step 4: Consider Mediation
✔️ Before appealing a school placement refusal, you may need to attempt mediation. This is an opportunity to resolve the issue without a full legal appeal.
Step 5: Appeal to the SEND Tribunal (If Necessary)
✔️ If mediation fails (or isn’t required), you can appeal to the SEND Tribunal.
✔️ This is a legal process, but success rates are high—96% of parents who appeal EHCP placement refusals win their case.
📢 Extra Tips for Parents Facing a School Placement Denial
✔️ Be persistent – Schools and local authorities often reject children initially, but later accept them when parents push back.
✔️ Stay calm & professional – Emotional responses are understandable, but factual, well-prepared arguments are more effective.
✔️ Ask for help – Groups like IPSEA, SOS! SEN, and SENDIASS can help guide you through appeals.
🤖 How Ellie Can Help You Win a School Placement Appeal
We know how overwhelming this process can feel. You shouldn’t have to fight for your child’s education alone.
That’s why we created Ellie—a free AI-powered legal assistant that helps parents:
✅ Understand their legal rights when a school refuses admission
✅ Draft letters to challenge school rejections & local authority decisions
✅ Break down confusing legal documents into clear, simple language
✅ Guide you through the EHCP & SEND Tribunal appeal process
🚀 Ellie is available 24/7, free to use, and designed to help parents navigate the SEND system with confidence.
💬 Need help right now? Visit AskEllie.co.uk and start a conversation with Ellie today.
🔗 Useful Resources
📌 UK Government SEND Admissions Guidance
📌 IPSEA School Admissions Advice
📌 SEND Tribunal Process Explained
✨ If you found this guide helpful, share it with other parents who might be struggling to secure the right school place for their child. 💜