If your child has an Education, Health and Care Plan (EHCP), you may already know how stressful it can be to secure the right school placement—especially when you’re aiming for a specialist provision.
One of the most common roadblocks parents face is being told:
“We can’t offer a place because the school is full.”
It sounds final, doesn’t it? But here’s what the local authority doesn’t always explain:
The Law Is Clear
Under the Children and Families Act 2014, if a school is named in your child’s EHCP (Section I), that school is legally required to admit your child, even if it’s full.
A local authority cannot refuse your preferred school just because it’s full. They can only refuse if they can clearly show that:
- The school is unsuitable for your child’s age, ability, aptitude or special educational needs;
- The placement would negatively impact the education of other children;
- It would not be an efficient use of public resources.
Simply saying a school is “at capacity” doesn’t meet these criteria.
Why Do They Say It Then?
The reality is that some local authorities use the “full” excuse to:
- Delay making a decision
- Push your child toward a cheaper or more convenient option
- Avoid expanding specialist provision or providing additional support
What Should You Do?
If you’ve been told your chosen school is full:
- Request the school be named in Section I of the EHCP anyway. You have the right to ask for it.
- If refused, appeal to the SEND Tribunal. Over 95% of appeals by parents are successful.
- Ask the school directly if they believe they could meet your child’s needs—sometimes they’re more open than the LA.
Need Help?
If you’re unsure how to word your request or respond to the LA, our free tool AskEllie can help you draft emails, letters, and even appeal submissions based on UK SEND law.
Visit www.askellie.co.uk to get started.
Don’t let “we’re full” be the end of the road.
If the school is right for your child, you’re within your rights to pursue it—and win.
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