When your child has additional needs that simply cannot be met in a mainstream school, hearing that your request for a specialist placement has been refused can feel like the rug has been pulled from beneath you.
You’re not alone. This happens to hundreds of families—and in many cases, that refusal is unlawful.
Let’s break it down step by step.
🧠 Why Specialist Placements Get Refused
Local Authorities (LAs) often claim:
- “The mainstream school can meet needs.”
- “The specialist school is full.”
- “It’s too expensive.”
But here’s the truth: the law does not allow a refusal just because of cost or convenience.
📜 The Legal Bit: Education Act 1996 & Section F
Under Section 39 of the Children and Families Act 2014, your Local Authority must name your preferred school unless:
- It would be unsuitable for the age, ability, aptitude, or SEN of your child, or
- It would be incompatible with the efficient education of others or the efficient use of resources.
That bar is high. The LA must show evidence—not just make vague claims.
And don’t forget:
🧾 Section F of your child’s EHCP (Education, Health, and Care Plan) is legally binding. It sets out what provision your child must receive.
If a mainstream school can’t meet what’s in Section F, then it’s not a lawful placement.
🚨 What You Can Do If a Specialist Placement is Refused
1. Appeal to SENDIST (Tribunal)
You have the right to appeal the named school or setting. You can do this yourself—you don’t need a solicitor.
2. Request Mediation (Optional)
You’ll need a mediation certificate to proceed with an appeal. You don’t have to attend mediation, but you can if you think it may help.
3. Gather Evidence
Show that:
- The current school cannot meet Section F.
- Your child has not progressed or is emotionally distressed.
- The specialist school has confirmed they can meet need.
4. Use the Right Wording
It’s not about what you want—it’s about what your child needs to receive a suitable education.
💬 A Real Example
We recently spoke to a parent whose son was out of school for over 6 months. The LA refused a specialist place citing cost, but the child’s EHCP required “high-level therapeutic input in a low-stimulation environment”—something the mainstream school simply didn’t offer. They appealed and won.
✊ You’re Not Being Difficult. You’re Advocating.
It’s exhausting. Confusing. And unfair.
But your child has a legal right to a suitable education.
At AskEllie, we’ve walked this road ourselves—and we’ve created free tools to help.
🧠 Try Ellie now – your AI-powered legal assistant for SEND law
📄 Find step-by-step guides, example letters, and help navigating appeals
📌 Key Takeaway
❗ A refusal of a specialist placement doesn’t mean the end of the road—it’s just the beginning of your legal challenge.
Don’t be afraid to stand firm. Know the law. And don’t give up.
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