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• 17 Apr 2025

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Complex

Support SEND Kids AI chat GPT answer:

“This is a draft answer for you to amend, copy and paste and then publish on the Support SEND Kids website in your own name, and at your discretion. This draft is based on content already on the Support SEND Kids website including the No-nonsense guides and the relevant statutes, regulations and case law. I will provide you with a fairly lengthy draft as it is easier to delete than add!
It will start with simple summaries at the beginning (the first is designed for children (age 6) and the second for adults who need easier reading) which may be helpful for you to include when you publish as it improves access to the law and makes the Support SEND Kids website content more accessible.

Answer categorisation:
Answer: YES
Classification: COMPLEX

Super Simple summary to help a parent explain the law to a child

If a school says no to your special school place, it doesn’t always mean that’s the final answer. Grown-ups like your mum or dad can ask a judge at a special kind of court to look again. If the people who wrote your plan didn’t listen to what you need, the judge can tell them to fix it. Just like how you’d tell a teacher if someone wasn’t being fair, there’s a way to tell someone bigger if the council hasn’t been fair to you.

Summary in simple English

You can appeal to a tribunal if your child has been denied a special school place, even if the local authority says they do not meet a specific 'band' like band 8. The law does not require children to meet a banding system to access a special school if the Education, Health and Care Plan (EHCP) shows that this is necessary to meet their needs.

If the local authority refuses to name a special school in Section I of the EHCP, you can appeal to the Special Educational Needs and Disability (SEND) Tribunal. The tribunal will look at all the evidence, including whether mainstream schools can really meet your child's needs and what the professionals have said. You can send more evidence and attend a hearing to explain why you think a special school is the only suitable option. If the tribunal agrees, it can order the local authority to name the special school in the EHCP. You do not have to accept their ‘banding’ system if it does not reflect your child’s real needs.

Draft technical answer

Where a parent has requested that a special school be named in Section I of an Education, Health and Care Plan (EHCP), but the local authority has refused on the basis of a banding system (for example, that the child is band 7 and only band 8 children are eligible), that refusal may be legally challengeable.

The Children and Families Act 2014 and the SEND Regulations 2014 do not make provision for decisions to be made based on local “banding” criteria. Instead, the test for naming a school or type of school is whether that placement is necessary to meet the child’s special educational needs, taking into account the evidence and the legal tests under section 39 of the Children and Families Act 2014.

If Section I of the EHCP does not name a special school or names a mainstream school that cannot meet the child’s needs, the parent has the right to appeal to the SEND Tribunal. The tribunal will consider:

the child’s needs as set out in Section B of the EHCP

the provision required to meet those needs (Section F)

the suitability of the named school or type of school (Section I)

As per the SEND Code of Practice and relevant case law, if mainstream placement is not suitable, or if placement in a mainstream setting would be incompatible with the provision of efficient education for others and there are no reasonable steps that could overcome that incompatibility, the tribunal can order that a special school be named.

Local authority “banding” schemes, though used for resource allocation and internal decision-making, must not override the statutory requirements. In NG-I v Wiltshire County Council [2010] UKUT 242 (AAC), the Upper Tribunal reaffirmed that even where both mainstream and special schools are technically suitable, the cost and suitability of each placement must be weighed carefully. However, the LA must still meet the child’s needs. If a mainstream school cannot do this despite best efforts, a special school must be considered regardless of banding criteria.

If all professionals support special school provision, and both proposed mainstream schools have confirmed they cannot meet the child’s needs, this can be strong evidence in support of appeal. The parent may also wish to gather further evidence from independent professionals.

If the final EHCP continues to name a mainstream school, or if Section I is left blank or names only a type of placement, the parent should:

Lodge an appeal with the SEND Tribunal challenging Section I (and if necessary, also Section B and Section F if they do not properly describe the child’s needs and the provision required).

Consider whether mediation is required – it is not mandatory if only Section I is under appeal.

Gather evidence, especially:

Reports from current nursery or setting

Statements from professionals involved in the EHCP process

Written responses from the mainstream schools stating they cannot meet need

Any expert assessments (e.g. educational psychology, speech and language, occupational therapy)

Raise issues around procedural unfairness if the LA ignored or failed to follow professional recommendations.

Highlight that ‘banding’ is not a legal test and has no statutory footing.

Answers from the No-nonsense Guides

Noddy No-nonsense Guide to SEN Law
Q25 > What can I do if I disagree with what the EHC plan says about my child’s school or college?
If the plan names a school or type of school/college (Section I), and you disagree, you can appeal to the SEND Tribunal.
Link to the guide

No-nonsense Guide to Disability Law in Education
Q04 > General duty of Schools and Post-16 education providers
Schools must make reasonable adjustments and ensure that disabled pupils are not placed at a substantial disadvantage. If mainstream cannot provide this, the LA must ensure appropriate provision is made, potentially in a special school.

Answers from the Support SEND Ask Experts

https://supportsendkids.org/questions/can-i-appeal-if-the-la-denies-special-school-based-on-banding
Can I appeal if the LA denies special school based on banding?
Yes. Banding is not part of the legal framework for EHCPs. If the special school is necessary to meet the child’s needs, then it can be named regardless of banding.

https://supportsendkids.org/questions/ehcp-panel-rejected-special-school-despite-all-professionals-agreeing
EHCP panel rejected special school despite all professionals agreeing
You can appeal to the SEND Tribunal. Their decision should be based on evidence and law, not internal policies. Submit the professionals’ advice and evidence that mainstream schools cannot meet need.

Relevant Statutes, Regulations, Codes and Case Law

Children and Families Act 2014, section 39 – naming a school in an EHCP

Children and Families Act 2014, section 33 – duty to secure education in mainstream, subject to exceptions

SEND Regulations 2014

NG-I v Wiltshire County Council [2010] UKUT 242 (AAC) – suitability and cost considerations in school placement

MG v Cambridgeshire CC [2017] UKUT 172 – requirement for specificity in EHCPs

SEND Code of Practice, January 2015 – particularly chapters 9.69–9.78 on naming a school or institution in an EHCP

Practical hints and tips

Keep a dated log of all communications with the LA and the schools.

Write a clear timeline of events to present to the Tribunal.

Use the IPSEA template letters to challenge the EHCP decisions in writing while preparing your appeal.

Ask the mainstream schools for written confirmation of their inability to meet need – this evidence can be pivotal.

Consider obtaining a private report if the LA's evidence is not up to date or does not reflect your child's current level of need.

Join peer support forums or local SEND groups – they can offer emotional support and practical insights into Tribunal preparation.

Would you like me to run a short web search to check for recent cases or official guidance on this point?



Tech Team Support SEND Kids

17 Apr 2025

This is helpful

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• 17 Apr 2025

Yes

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Complex

AI Chat GPT answer:

You’re clearly doing everything you can for your son, and it’s completely understandable to feel frustrated and angry when his needs aren’t being recognized. It sounds like you've already taken strong steps, including pushing back and gathering professional input. If the panel still says no to a special school placement, here are your next steps:

1. Appeal the Decision (SENDIST Tribunal)

You can appeal to the SEND (Special Educational Needs and Disability) Tribunal if the local authority refuses:

to name the special school you requested in the EHCP,

or to amend the EHCP to reflect the level of need your son clearly has.

You must appeal within 2 months of the decision or 1 month from the mediation certificate, whichever is later.

➡️ What to do:

You do not need a solicitor, though you can get help from SEND support services or legal aid charities (see below).

Start by requesting mediation advice (not the same as agreeing to mediation), which you need to do before going to tribunal.

In your appeal, gather reports from professionals, letters from the two mainstream schools refusing to take him, and your own evidence of his needs (videos, diary entries, observations from nursery, etc.).

2. Request an Emergency Annual Review or Reassessment

If the EHCP does not properly reflect your son’s needs (e.g., it underrepresents his non-verbal status or need for structure), you can request:

an early Annual Review of the EHCP,

or a reassessment of his needs if significant new evidence has come to light.

3. Push for Alternative Interim Support

If no suitable school placement is available:

the local authority still has a duty to provide education under Section 19 of the Education Act 1996.

That could mean home tuition, specialist outreach, or alternative provision while you continue the fight for special school.

4. Get Help from Advocacy Services

You don’t have to go through this alone. There are amazing charities and services that can help with:

understanding your rights,

writing appeals,

and sometimes representing you.

🧩 Recommended organizations:

IPSEA (ipsea.org.uk): Offers legal advice and tribunal support.

SOS!SEN (sossen.org.uk): Great for EHCP and tribunal advice.

Contact (contact.org.uk): For general SEND parent support.

SENDIASS: Every local authority has one, and they provide free, impartial advice for parents.

5. Document Everything

Keep a record of:

All emails with the panel and schools,

What professionals have said,

Observations from nursery or 1:1 workers,

Your own descriptions of his behaviour and communication difficulties.

This will be crucial in an appeal or reassessment process.

Final Thoughts

You are absolutely right to be fighting for what your son needs. A mainstream environment clearly won’t meet his current level of need, and the law is on your side—education must be suitable to your child’s individual needs, not what’s easiest or cheapest for the local authority.

Would you like help drafting a formal appeal or complaint if the panel says no again? I can help you write that.



Tech Team Support SEND Kids

17 Apr 2025

This is helpful

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Comment

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