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• 15 May 2026

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Too fact specific, I can't generalise.:

Ms M, this is only a general comment, not legal advice, but I hope it helps make some sense of the possible options.

There may be an arguable route, but it will depend heavily on the facts, timing and evidence. If your daughter has an EHCP, this is not simply about appealing because she did not pass the Kent Test. The main issue may be whether the local authority has named the right school or provision in Section I of her EHCP.

Section I is the part of the EHCP which names the school or type of placement. If the local authority has issued, amended or finalised the EHCP and named a placement you do not agree with, there may be a right of appeal to the SEND Tribunal.

EHCP route

In an EHCP appeal, the Tribunal would look at whether the placement named by the local authority is suitable, and whether your preferred school is suitable for your daughter’s age, ability, academic potential and special educational needs.

The Tribunal is not simply deciding whether she should have passed the Kent Test. The Kent Test result would be relevant, but it may not be decisive if there is strong evidence that it did not reflect her true ability.

On the facts you describe, there may be an argument that the result was an unreliable snapshot. At the time of the test, your daughter had autism, significant EBSA, disrupted education, part-time timetables, anxiety, poor engagement with learning, and had missed most of Year 5. If maths was the score that pulled her down, and she has now caught up and is excelling, that may be important evidence.

Type of school

It is worth checking the legal status of the preferred school. If it is a maintained school or academy, including a maintained or academy grammar school, it is usually the type of school that can be requested within the section 38 Children and Families Act 2014 framework, with the local authority then considering the request under section 39.

If the preferred placement were an independent special school or special post-16 institution, you would need to check whether it is approved under section 41. In most Kent Test cases, however, the preferred school is likely to be a maintained or academy grammar school, not a section 41 school.

Disability and reasonable adjustments

There may also be a disability discrimination argument, but that is separate from the EHCP appeal. For that, it would first be necessary to show that your daughter is disabled within the meaning of section 6 Equality Act 2010. A diagnosis of autism is often strong evidence, but the evidence should also explain how her difficulties affected her in practice.

The reasonable adjustments point may help, but it has limits. A selective school is allowed to test academic ability. The law does not require a selective school to lower the pass mark as a reasonable adjustment. However, the test process should not place a disabled child at a substantial disadvantage without reasonable steps being considered.

Possible adjustments might have included extra time, rest breaks, a smaller or separate room, clearer instructions, a familiar setting, or anxiety-reduction arrangements.

The fact that extra time or access arrangements were not requested at the time is a weakness, but not necessarily fatal. It may be possible to explain that your daughter was largely out of school, that you were unsure what could be requested, and that the full impact of her autism, anxiety and EBSA on the test process was not properly understood at the time.

There may also be a possible section 15 Equality Act 2010 argument. In plain terms, that would be an argument that your daughter was treated unfavourably because of a Kent Test result affected by things linked to her disability, such as anxiety, EBSA, missed education and poor engagement with learning.

The difficulty is that selective schools are allowed to select by academic ability. The stronger point may therefore be that the Kent Test result should be treated with caution, not that she should automatically be treated as having passed.

Evidence needed

The evidence will be critical. The current school’s support may be very helpful, but it should ideally be backed up by clear attainment data, SATs predictions, attendance evidence and an explanation of why the Kent Test result was not representative.

It may be sensible to obtain:

• a SENCo letter confirming that she is now working at selective-school level; 
• teacher evidence about her current attainment, progress and academic potential; 
• SATs predictions and recent assessment data; 
• attendance records showing the difference between Year 5 and Year 6; 
• evidence of part-time timetables, EBSA, anxiety and CAMHS involvement; 
• evidence explaining why the maths score was not representative; 
• evidence that the preferred school could meet her SEN; 
• evidence explaining why the local authority’s named provision is not suitable. 
•  

Practical next steps

You may wish to check whether there is a current right of appeal against the EHCP. If there is, you may wish to consider appealing Section I, and possibly Sections B and F if the needs and provision are not properly described.

You may also wish to speak to the school urgently about a supporting letter, current attainment data, SATs predictions and evidence explaining why the Kent Test result was not a reliable reflection of your daughter’s ability.

Separately, it may be worth checking whether any admissions or disability discrimination route is available in relation to the Kent Test process itself. That is separate from the EHCP appeal, although some of the same facts may be relevant to both.

Summary

This does not sound like simply clutching at straws, but it is not a straightforward “she missed the pass mark, therefore appeal” case either. It is more likely to be a carefully evidenced EHCP placement case.

The strongest argument is likely to be that the Kent Test result should not be treated as decisive because it was affected by disability-related factors, missed education and lack of adjustments, and because current evidence gives a better picture of your daughter’s true ability.

I trust you find these observations of some value. Note I have had to summarize considerably.  Given that this involves an EHCP, school admissions and possible Equality Act issues, it would be sensible, if possible, to seek specific legal advice before deciding which route to pursue.



Sean Kennedy

15 May 2026

This is helpful

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