can LA ignor my chooseMy child has an EHCP, and Lambeth has allocated a school that was not listed on my Year 6 transfer application. What is the next process — can I appeal or challenge this decision, and what steps should I follow?n secondary scjholl and alloctaed of their choi
I applied for my child’s Year 6 secondary transfer, and I live in Lambeth. The schools I selected were outside the borough (Kensington & Chelsea), and Fulham but Lambeth has allocated a school that I did not choose. How can I challenge this decision, and what steps do I need to take, such as the appeals process?
If you would like, I can also make it more formal for emailing the council.
A: SenseCheck
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- 13 Feb 2026
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No
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Simple
NO
If your child has an Education, Health and Care Plan (EHCP), the key placement decision is the school named in Section I. A normal Year 6 transfer offer does not, on its own, decide the EHCP placement. If Lambeth has allocated a school you did not choose, there are routes you may be able to query and challenge, depending on the paperwork and dates.
This is general guidance, not legal advice. EHCP situations are often fact-specific, and some deadlines can be short, so you may wish to take tailored advice if you think you are close to a time limit.
1) First check what has happened
It is usually one of these:
Section I already names a school (which is treated as the placement the LA is arranging); or
Lambeth is updating the EHCP for secondary transfer (phase transfer) and has issued (or is about to issue) a final amended EHCP naming a school you do not agree with.
2) Your right to request particular schools (including out of borough)
As the parent of a child with an EHCP, you can make a formal request for particular schools, including outside Lambeth (for example in Kensington & Chelsea or Hammersmith & Fulham). Lambeth must consult the requested school(s) and will normally name your preferred school in Section I unless one of the limited statutory exceptions applies (broadly: unsuitability; incompatibility with the efficient education of others; or inefficient use of resources).
Where the preferred school is a mainstream maintained school or academy, the analysis is often tighter. In substance:
a) the LA should not refuse simply because it will need to fund the support your child needs to make mainstream work; and
b) the LA should not treat “unsuitability” as a simple label. In many cases the focus is whether the school can meet need with appropriate provision (and, where relevant, whether reasonable steps can address any impact on the efficient education of others). If the LA says mainstream is not workable, you would normally expect clear, strong evidence and a clear explanation of why the placement cannot work even with the right support.In practical terms, you are asking Lambeth to: consult your requested schools and either name one of them in Section I, or explain clearly (with reasons) why it says it cannot.
3) Steps you may wish to consider now
Ask Lambeth in writing whether the allocated school is only an admissions offer, or whether it is the school they intend to (or have already) name in Section I.
Put your preferred school(s) in writing (including out-of-borough schools) and ask Lambeth to confirm it will consult them.
Ask for copies of consultation letters and responses, and ask Lambeth to explain its reasons in plain terms.
If a final EHCP has been issued naming a school you do not want, the decision letter should explain appeal steps and deadlines. If you may want to appeal, you may wish to consider doing so without delay. Even if you appeal, it is common to continue to negotiate with the LA while the appeal is underway.
4) SEND Tribunal process and timing (secondary transfer)
If you appeal, the SEND Tribunal can consider whether the school named in Section I is the right placement (and, if needed, related changes to the EHCP). The process is evidence-based, so it helps to gather reports, consultation responses, and clear reasons why your preferred school can meet need.
Timing point (secondary transfer): if the appeal concerns secondary transfer, it can help to flag the timetable early. When you lodge the appeal (or in early correspondence), you can explain that the case concerns a September 2026 start, ask the Tribunal to list the hearing well in advance of September 2026, and (if needed) request an expedited timetable.
5) Mainstream v special placements (and transport costs)
Out-of-borough requests can raise transport issues, and transport costs can become a key part of any “efficient use of resources” argument. By contrast, where a special school placement is sought, cost and value-for-money points tend to feature more prominently overall, and this can include transport costs.
You would also be well advised to consult a version of the Noddy Guide, which is an excellent resource:
https://supportsendkids.org/content/resource/161?parentId=157Summary
If your child has an EHCP, the key decision is the school named in Section I, not just the Year 6 admissions offer. Check whether Lambeth’s allocation is only an admissions offer or part of a Section I decision. You can formally request out-of-borough schools; Lambeth should consult them and will normally name your preference unless it can rely on limited exceptions. For mainstream schools, the LA should not refuse simply because support costs more, and it should explain clearly (with evidence) if it says the placement cannot work even with the right support. Ask for reasons and consultation responses in writing. If a final EHCP names an unwanted school, you may wish to consider appealing promptly (while still negotiating with the LA), and flag the September 2026 timetable early.
13 Feb 2026
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