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Can a school refuse a child with an ehcp who previously attended the achool
School are refusing to admit due to relationships with peers
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Can the LA refuse to consult an Independent mainstream
My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?
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Can a council move an EHCP (to a 'receiving authority') while the EHCP is going through appeal?
This is a complex situation explained to me by one of our members. The mother, while resident in Camden, applied for an EHCP and requested 3 secondary schools to consider her child (early 2025). The EHCP was so inaccurate (and included out of date information) that she believes this caused all 3 schools to say they can't meet need. She then appealed to have the EHCP updated but the appeal has been pushed back over and over again.
In the mean time, the parents divorced/separated. The Dad remains resident in Camden but due to cost of living, the Mother (around 18 months ago) moved to Hertfordshire, temporarily. The child was fully resident in Camden when the original EHCP application was made (and attended Primary school in borough). The child had to start secondary school (sept 2025) in Hertfordshire.
The EHCP appeal is ongoing. The Mother wants the outcome of appeal to name one of the 3 schools in Camden, then she can move back in Borough (can't move now as has to get child to school each day in Herts). Camden have just sent a letter asking for proof of residence in Camden by 10 April. If they don't get proof of residence they will pass the EHCP onto 'the receiving authority'. Is this allowed? (Note: Mother is a fire fighter, does this give her any special consideration as a key worker?) Thank you so much to anyone who can advise.
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Can my son take Functional Skills for Maths and English instead of GCSEs?
This is at a mainstream school with ARP (which covers Maths and English). He has an EHCP and school think he will struggle even with the Functional Skills, but they say as a mainstream school they cannot let him only do the FS, he has to do the GCSEs in both subjects as well.
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Taking children out of school during term time
I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.
Mark Walker
16 Sep 2023
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Advice Sought: Refusal of Place by Independent School and EHCP Implications
Hi, hope you are well.
I am seeking advice regarding my son’s recent refusal of a place at an independent secondary school, Latymer Upper School.
He successfully passed both the entrance examination and the interview stage; however, he was ultimately not offered a place. We are trying to understand whether there is any legal basis to challenge or review such a decision, particularly where academic suitability appears to have been established.
Specifically, I would be grateful for your advice on the following points:
1. In the case of an independent (non-Section 41 approved) school, is there any viable legal route to challenge a refusal of admission, absent procedural irregularity?
2. To what extent, if any, could disability discrimination under the Equality Act 2010 be engaged if a child with an EHCP is refused a place, assuming academic criteria have been met?
3. Does the existence of an EHCP typically create a structural barrier to admission to independent schools, and are such schools lawfully entitled to decline admission on the basis that they consider themselves unable or unwilling to meet SEN provision?
4. Would withdrawing or ceasing an EHCP have any material impact on admissions prospects at an independent school, and what risks would that carry from a legal and educational standpoint?
We are trying to assess whether there is any meaningful legal remedy available, or whether the school’s decision is effectively final absent their voluntary reconsideration.
I would appreciate your candid view on prospects before taking any further steps.Alla Meijer
14 Feb 2026
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How do I get an EHCP without a diagnosis and how do I access an alternate provision if we don't get an EHCP?
I have a 13 yr old son who has been home educated since Sep 25. We were failed by our primary school when they kept referring him for ASD and ADHD and telling us that he was "managing with scaffolding" when he was clearly struggling and failed all his SATs. He went to a private school for 1 year and they deferred him back a year because of his delayed learning, they did a Sandwell assessment that showed he was working at 7-8years old in every area, but then the school closed down so we chose to home educate (there was huge anxiety around school and learning and it had started manifesting as self harm also).
Since doing so we have realised just how far behind he is. The only official diagnosis we have is a visual processing disorder and after 3 ASD and ADHD referrals they all came back as inconclusive. We have an anxiety related Tourettes diagnosis and the consultant there wrote that he has an obvious learning disorder but then discharged us so we have no follow up for that. Our GP has just told us to get in touch with the LA to get an EHCP but I dont think that will do much good when hes home ed so we have no capacity for an ed-psych or similar. We are struggling with traditional home-ed as there is severe anxiety around learning in the traditional sense so I would like to let him access an alternative provision for 1 or 2 days a week but I cant even find anything that we can fund privately.
So I suppose my question is in 3 parts -
1. do I need to get a diagnosis or where do I get any support for a "learning disorder" and how do we find out the full extent of it? (hes had testing for global delay that was negative)
2. I know I need to start the process for an EHCP but Im at a loss how I do this as a home educator and without a diagnosis and no professional/medical support?
3. Is an EHCP the only way to access an alternative provision?Samantha Derrick
08 Jan 2026
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University exam access arrangements not followed for an autistic student with significant exam anxiety. It is reasonable for the university to only offer the remedy of resitting exams?
The university say they have discharged their responsibility to remedy the error by offering student the opportunity to resit exams "as if for the first time" ie without penalty. Student has severe anxiety around exams and has had no reassurance that errors will not recur. Year was passed but results lower than expected and results will affect final degree classification.
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Suspensions
Son is 6 years old - suspected ADHA,PDA and Trauma related anxiety (owing to my incurable cancer diagnosis). He is in year 1 of a primary school who were very slow to acknowledge his SEN needs, despite paperwork backing this from age 3. He has a sen support plan in place, along with a positive behaviour plan - both heavily written by me as the SENCO is very inexperienced. He now has 1:1 at all times he is in school - with a note in the sen plans that he should be with a trusted adult at all times, because of a flight risk and risk to others. This year he has been suspended 3 times already with the last suspension being 2.5 days for spitting. The situation occurred because his trusted adult was not with him, no adult was. My question is - can the school really suspend him, when they are failing to stick to what's been agreed and counter to the plan, fail to identify new triggers and learn from experience. Many thanks legal brains for giving your time.
Michelle Bullen
21 Jan 2026
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My child is being turned down by all the independent schools we are applying to based on his recently diagnosed dyslexia - does this contravene the disability act?
My child recently had neurodiversity screeners by a charity. They provide reports but not diagnosis and suggested his had strong signs of dyslexia and possibly ADHD. He is year 6 and due to go to year 7 in a few months time. We have applied to 3 non academically selective independent schools and they have all turned our application down. The first which is supposed to have good provision for dyslexia, turned him down on the basis of the report saying they couldn't support his type of adhd. They hadn't even met him, he doesn't have a diagnosis for ADHD and certainly there was no mention of a type. We are wondering now whether he actually has adhd or whether we were just going through a tricky developmental stage at the point of the screener. I've tried to get an ADHD private diagnosis since to rule it in or out but no providers have come back to me. I'm not happy for him to be turned down over something that is not diagnosed. We have managed to get a private dylexia diagnosis since. It confirmed his dyslexia. He scored significantly low for literacy but average in other areas and particularly high in others (98th percentile in one particular test). The conclusion was he can still be successful academically (particularly in STEM) provided his dyslexia is supported. Since then our last 2 independent school options have said they cannot support his dysexia requirements. I am told he does not qualify for an EHCP and as far as i can see the dyslexia recommendations are standard. 25% more time, pre-teaching, some small group dyslexia support and speech to text tech. All of which is supposed to be available at the last school in particular that has a specialist learning facility. Are they discriminating or can they just get away with saying they can't support him and he won't be able to keep up with his cohort?