And here’s the law to prove it.
Across the country, thousands of parents are being told the same line:
“We can’t name that specialist school — it’s full.”
“There are no places.”
“We don’t have capacity.”
And every single time, parents walk away thinking there’s nothing they can do.
But here’s the truth every SEND parent needs to hear:
A Local Authority CANNOT legally refuse a specialist placement simply because the school says it’s full.
This isn’t a loophole.
This isn’t a grey area.
This is written in law.
Let’s break it down.
1. The Law Is Clear — Capacity Is NOT a Lawful Reason to Refuse a Placement
Under the Children and Families Act 2014 and the SEND Code of Practice, an LA must name the parent’s preferred school unless they can prove ONE of only two things:
A) The school cannot meet needs
(not “won’t”, “don’t want to”, or “don’t have space” — CAN’T)
B) The placement would be an inefficient use of public money
That’s it.
There is no third rule for capacity.
Courts have ruled repeatedly that “the school is full” is NOT a defensible argument.
If a child needs that school, the LA must find a way to place them.
Even if it means:
– hiring more staff
– creating a new group
– making space
– expanding provision
– commissioning additional support
This is why you’ll see some special schools with “full” signs but still accepting named EHCP children — because legally, they must.
2. The Needs of the Child Come Before School Convenience
The law prioritises suitability, not space.
If the specialist school is the only place that meets your child’s needs, then it must be named — even if:
– It’s full
– The headteacher objects
– Other children are waiting
– The LA claims budget issues
– Mainstream has spaces
– The LA tries to push you to a school you didn’t choose
– They tell you “every LA is struggling”
None of those are lawful reasons.
3. Local Authorities Use “Full” as a Deterrent — Not a Law
Parents hear “full” and stop fighting.
LAs know this.
Some schools know this.
It’s a tactic, not a legal barrier.
In Tribunal, “full” arguments collapse instantly.
SEND Judges consistently say:
“Full is not a legal reason to refuse a placement.”
If your child needs that school, they must be given a place. End of.
4. What To Do If the LA Says the School Is Full
Here’s the wording you can use:
“Capacity is not a lawful reason to refuse a parental preference under Section 39 of the Children and Families Act 2014. Please provide lawful evidence of unsuitability or inefficiency, as required by the Act.”
Then ask:
“If the school is currently full, what arrangements will be made to expand capacity to meet statutory duty?”
Put it in writing.
Force them to respond formally.
They’ll either back down or be forced to justify themselves — and they can’t.
5. What Parents Need to Remember
You are not asking for a favour.
You are asking for your child’s legal right.
Specialist schools exist EXACTLY for children who cannot cope in mainstream — and the government built the law so that children wouldn’t be turned away because of “numbers”.
Because what’s the alternative?
A child in crisis.
A family in breakdown.
A mainstream school that cannot meet needs.
A child traumatised for years because an LA said “full”.
Unlawful decisions create real damage — and families feel it the most.
6. When To Appeal
If the LA refuses your chosen specialist placement and uses words like:
– full
– no places
– oversubscribed
– too busy
– long waiting list
– not taking new children
– at capacity
APPEAL.
You will win — because the law is on your side.
Tribunal panels know the law clearly.
And they see these excuses every day.
90%+ of EHCP appeals are won by parents.
Final Word: Your Child’s Needs Come First — Legally and Morally
The SEND system may be under pressure, but that pressure isn’t your child’s fault — and it isn’t their burden to carry.
If a specialist school is the right place for them:
They cannot be refused just because it’s “full.”
They cannot be refused due to “capacity.”
And they cannot be refused because the LA hopes you’ll accept something else.
Keep fighting.
Keep questioning.
Keep everything in writing.
And if you need support with wording emails, preparing an appeal, or knowing your rights, come by the AskEllie website — we’re here to help parents get the support their children deserve.
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