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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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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