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Can an academy refuse to refer a disabled child for 14–16 Youth College/AP because she cannot first attend the same school she is unable to access?
My 14-year-old daughter is on roll at an academy but has been unable to access school consistently since October 2025 due to SEND/dyspraxia, anxiety/sensory difficulties and recently diagnosed Overt Hashimoto’s/hypothyroidism.
The LA has agreed Section 19 medical tuition on Feb, but no provision has started yet. We still have no confirmed start date, hours, tutor/provider or venue.LA don't always respond to emails or answer all questions.
The academy Principal originally suggested South Tyneside Youth College / 14–16 college as a good fit. However, he is now refusing to progress the referral unless my daughter first reintegrates into the academy on a limited basis. The difficulty is that the academy is the setting she cannot currently access.
Youth College is school-led referral/SLA route where the child remains on the school roll, so parents cannot self-refer. The LA says Youth College questions are for the school because it is school-arranged AP. The school has also said further correspondence will not be acknowledged until my daughter attends school.I requested a sar after the pa told me she had ran my complaint letter through chat gpt and would not accept it as it was 100% ai generated. They refused the sar. I will raise an I C complaint
I have submitted a Stage 2 complaint about the head refusal but that process is too slow because the Youth College window is time-sensitive they have trials in June and it's 1st come 1 served.
I am not asking for a guaranteed Youth College place. I am asking whether she can lawfully be blocked from even being considered because she cannot first attend the setting she is currently unable to access.
My main questions are:
1. If the Youth College route is school-commissioned, does the LA still have to act under Section 19 if the school’s refusal leaves the child without suitable education?
2. Could this be an Equality Act reasonable adjustments/disability discrimination issue if the school is applying an attendance precondition my daughter cannot meet because of disability-related needs?
3. What is the quickest route to challenge this, given the LA says Section 19 is being arranged but the school controls the Youth College referral
4. Will she be classed as disabled due to long term condition Hashimotos and ongoing anxiety she is awaiting Cyps appointment.
ThanksLisa Purvis
10 May 2026
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Should I file for discrimination and victimisation? Given how the school is now trying to remove my child after i made a complaint.
School failed to follow complaint procedure and concluded my complaint without sending me an outcome letter. I have requested the complaint be reviewed at stage 2 which they are obstructing. I have sent the stage 2 escalation to the school admin team to foward to the Clerk to the governing body as the Clerk contact details are not publicly available, but the admin have refused to forward my stage 2 request. Should I escalate to DFE since the chair of governor has been inbolved and concluded my complaint without sending me an outcome of the investigation and denying me access to stage 2 process
Should i file for discrimination and victimisation?
Suddenly, they called an ehcp review last week and said they cant meet my childd needs on the basis pf limited progress and lack of engagement. They said my child requires a provision for children with severe learning needs. I disagreed because my daughter does not have severe learning needs. She has made some progress at her own pace. Limited progress is not a valid reason to say a school cannot meet needs. The techer said my daughter does not respond to her name. I disagreed because my daughter responds to her name all the time
The teacher then tried to argue that my daughter doesnt transfer her abilities/skill across a range of different setting even though she is able to perform the task. As an autistic child. I feel that she learns differently and as long as she is able to perform a specific task in one setting, that should count as an achievement . She needs to build confidence to be able to transfer that skill to another setting
During one meeting i had with the head teacher last year when i raised concerns a obout recurring injuries, she mentioned that staff find me difficult and they are worried that i might accuse them of harming my child despite i have never accussed anyone.
My concerns were regarding lack of supervision due to the frequency of injuries and school not being able to tell me how the child sustained the injuries.
During the same meeting with the head teacher last year, she suggested that i remove my child from the school i told her it was my childs first year in school and she should give her a chance and all i was asking was enhanced supervision.Zena Brown
02 May 2026
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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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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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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.