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.


Thanks