In short: not easily.
Under Section 39 of the Children and Families Act 2014, when an EHCP is being created or reviewed, the local authority must consult with your preferred school. The school can raise objections, but they can only lawfully refuse in two very specific situations:
- The school would be unsuitable for the age, ability, aptitude, or special educational needs of the child
- The attendance of the child would be incompatible with the efficient education of others, or the efficient use of resources
Importantly, the burden of proof is on the local authority, not the parent. The LA must demonstrate why a setting can legally refuse, not just rely on vague statements like “we can’t meet need”.
2. What If All Schools Are Saying No?
It can be terrifying to hear that every school consulted has refused. Sadly, this is becoming more common — especially for children with past behavioural incidents or complex diagnoses like Autism and PDA.
But here’s what you can do:
- Request a formal naming of your preferred school in Section I of the EHCP. The LA must either name the school or give written reasons why it refuses.
- Appeal to SENDIST (SEND Tribunal) if you’re unhappy with the LA’s choice or refusal to name your preferred school.
- Gather evidence from previous settings, professionals, and therapists showing that the school can meet need (or that the refusal is unjustified).
- Challenge outdated information in the EHCP that may be leading to refusals (e.g. past behaviours that are no longer relevant).
3. The Truth About Specialist vs. Mainstream
Some parents find themselves stuck after a specialist setting is named but turns out to be the wrong fit — or they realise their child would now do better in mainstream. Unfortunately, some LAs argue it’s “too late” once a specialist setting is in the EHCP.
That’s not true. EHCPs are living documents.
You have the right to request an early Annual Review or reassessment if your child’s needs or setting preference has changed. If the LA refuses to make changes, you can appeal.
4. What If the Refusing School is a Maintained or Academy School?
If your chosen school is a state-maintained, academy, or free school, and they are refusing your child, remember:
- They are under a legal duty to admit a child if named in Section I of an EHCP
- The LA can direct them to take your child if the Tribunal upholds your preference
Only independent schools have more discretion, and even then, they can be challenged if the LA is willing to fund the place.
5. How AskEllie Can Help
You don’t have to figure this all out alone.
AskEllie is a free AI-powered assistant built by parents, for parents. Ellie gives instant, jargon-free legal guidance on EHCP rights, appeals, school refusal, and much more.
If you’re:
- Feeling stuck because every school has said no
- Not sure how to start a SENDIST appeal
- Trying to understand what to say to your local authority…
Visit www.askellie.co.uk and let Ellie help you take the next step.
Final Thoughts
Schools may try to say no. LAs may delay or deflect. But the law is on your side, and your child has a right to an education that meets their needs.
Keep pushing, keep asking questions, and don’t give up. You’re not just advocating for your child — you’re helping change a system that so many families are battling every day.
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