Q:

My child has been denied a special school, what can I do

My son is almost 4 and will be starting school in September, they have denied special school as he is a band 7 you need to be a band 8

He is non verbal, doesn't understand commands, barely turns his head to his name, the 2 mainstream schools I had to put down have came back to say they can't accommodate his needs, which I understand

My son attends nursery 9 hrs a week with funding of 1 to 1

I have explained no offence to my child but it will be like having a feral animal in the classroom, obviously this is why he needs a special school, he doesn't understand and will do his own thing, it won't be fair to him, the mainstream school or the other pupils

It went back to panel (EHCP) to question the 2 schools

I had time to think and got angry, I wrote an email stating why is the panel ignoring his needs, every professional person in the EHCP advised he had complex needs and why are they ignoring that he needs special school

It has been passed on to the panel

What can I do if they still say no

JH

Jen Harrison
13 Apr 2025

A: SenseCheck

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  • 17 Apr 2025
  • Other

    Simple

    Can't answer yes or no.:

    Ms Harrison,

     

    Firstly, may I advise you to refrain from becoming angry — and I trust you can understand why I say this.

     

    I recognise that you are frustrated, and you are, of course, entirely justified in seeking clarity regarding possible next steps.

     

    With regard to the banding you mentioned, please note that this is purely an administrative feature specific to your local authority. It should not, in itself, be considered determinative when selecting an appropriate school for your son.

     

    As I see it, you have three possible avenues to explore:

     

    a) You may continue engaging with your local authority regarding your son's case — and you are best placed to assess how fruitful this course of action is likely to be.

    b) Once you have received your son’s amended EHC Plan, you can choose to enter mediation with the local authority.

    c) Alternatively, you may appeal to the First-tier Tribunal (FtT) — though you would need to demonstrate that you have at least considered mediation first.

     

    At every stage, the central focus should remain on your son’s special educational needs and the special educational provision necessary to meet those needs.

     

    I have no doubt you will find it helpful to consult the relevant sections of the Noddy No-nonsense Guide, which can be accessed here:

     

    Can I download the Noddy 'No-nonsense' Guide as a pdf? 

     

    If you have any further questions, and you believe we may be of assistance, please feel free to raise them in this forum.

     

    Best wishes,

     

    Sean Kennedy

     

    Sean Kennedy

    Sean Kennedy
    Talem Law