School Placement Appeals: Fighting for the Right Environment

You’ve fought for months—maybe years—to get your child an Education, Health and Care Plan (EHCP). You’ve gathered evidence, attended meetings, and finally received that legally binding document. But when you turn to Section I to see which school will support your child, your heart sinks. The local authority has named a school that you know, deep in your bones, is not right for your child.

Perhaps it’s a mainstream school when your child needs specialist provision. Maybe it’s a school that has already failed your child, or one that’s flagged inadequate by Ofsted. Or perhaps the local authority hasn’t named a school at all, leaving you in limbo with no educational placement secured.

This is one of the most stressful situations a parent can face, but it’s also where your rights as a parent are strongest. The school named in Section I of the EHCP is not set in stone—you have the legal right to challenge it, and with the right approach, you can win.

This comprehensive guide will walk you through the school placement appeals process, from understanding your rights to preparing for SEND Tribunal, giving you the strategies and knowledge you need to fight for the right educational environment for your child.

Understanding Your Rights: Section I and Parent Preference

Section I of the EHCP is where the school or other institution is named. This is one of the most legally significant parts of the plan because once a school is named, the local authority must fund that placement and the school must admit your child (assuming it’s a maintained school or academy).

Under the Children and Families Act 2014, parents have the right to request that a particular school be named in their child’s EHCP. This is often called “parent preference,” and the local authority must comply with your preference unless:

The local authority can only refuse your preferred school if:

• The school is unsuitable for your child’s age, ability, aptitude, or special educational needs
• The placement would be incompatible with the efficient education of others at the school
• The placement would be incompatible with the efficient use of resources

These are high legal thresholds. The local authority must provide clear evidence to justify refusing your preference—it’s not enough to simply say the school is “too expensive” or that they “prefer” another option. You have strong rights here, and knowing how to use them is key.

Step 1: Identify Your Ideal School Placement

Before you can appeal, you need to know what you’re asking for. This requires research, school visits, and honest assessment of your child’s needs.

How to Choose the Right School

Key Factors to Consider:

• Specialism: Does the school have expertise in your child’s specific needs (e.g., autism, speech and language difficulties, sensory processing)?
• Class sizes: What are the typical class sizes and staff-to-student ratios?
• Therapeutic provision: Is there on-site speech therapy, occupational therapy, or mental health support?
• Physical environment: Does the school have sensory rooms, quiet spaces, outdoor areas that suit your child?
• Ethos and approach: Does the school’s philosophy align with your child’s needs (e.g., neuro-affirming, trauma-informed)?
• Distance and transport: Can your child manage the journey? Is transport provided?
• Ofsted rating and outcomes: What do inspection reports and outcome data say about the school’s effectiveness?
• Parent feedback: What do other parents with children with similar needs say about the school?

Visit Schools in Person

Always visit your preferred school (and any school the local authority is proposing). During your visit:

What to Look For During School Visits:

• Observe a class similar to where your child would be placed
• Meet the SENCO and ask specific questions about how they would meet your child’s needs
• Ask about staff training in relevant areas (autism, trauma, sensory needs)
• Notice how current students are responding—are they calm, engaged, happy?
• Ask about behavior management approaches and whether they use exclusions
• Request to see recent inspection reports and outcome data
• Take your child if possible—their response to the environment is valuable data

Document everything from these visits. Take notes immediately afterward, photograph the environment (with permission), and record your child’s reactions. This evidence will be crucial if you need to appeal.

Step 2: Request Your Preferred School Be Named

When the local authority sends you the draft EHCP (or at annual review), you have 15 days to request that a particular school be named in Section I. This is your formal opportunity to make your preference known.

How to Make Your Request

Essential Elements of Your School Preference Request:

• Clearly name your preferred school: Include the full official name, address, and any relevant reference numbers
• Explain why it’s suitable: Detail how the school meets your child’s specific needs as outlined in Section B of the EHCP
• Provide evidence: Include notes from your school visit, the school’s prospectus, information about their specialist provision, and any professional recommendations
• Address the legal criteria: Pre-emptively address the three reasons the LA might refuse (suitability, efficiency of education, efficient use of resources)
• If refusing LA’s choice, explain why: If the LA has proposed a different school, explain specifically why it is unsuitable for your child

Step 3: If Refused, Understand the LA’s Reasons

If the local authority refuses your preferred school, they must provide written reasons explaining which of the three legal criteria they’re relying on. Read this carefully—their reasoning will form the basis of your appeal.

Common LA Arguments and How to Counter Them

Typical LA Arguments:

1. “The school is too expensive” (efficient use of resources)

How to counter: Show that the additional cost is justified because mainstream provision has failed your child. Provide evidence of previous unsuccessful placements, lack of progress, or deteriorating mental health. Argue that paying more now prevents greater costs later (e.g., from school exclusions, crisis interventions, or permanent educational failure).

2. “The mainstream school can meet your child’s needs” (your preferred school is unsuitable/unnecessary)

How to counter: Provide detailed evidence of why mainstream has failed or would fail. Use historical data showing lack of progress, incidents of distress, or professional reports recommending specialist provision. Show that the LA’s proposed school lacks the specific expertise, resources, or environment your child needs.

3. “Your child’s needs are too complex for this school” (school is unsuitable for your child)

How to counter: Get written confirmation from the school that they can meet your child’s needs and are willing to admit them. Provide evidence from the school about their experience with similar children and successful outcomes.

4. “Placing your child there would disrupt the education of others” (incompatible with efficient education of others)

How to counter: Challenge the LA to provide specific evidence of how your child would disrupt others. This is a very high threshold—they need concrete evidence, not speculation. If your child has behavioral needs, show how the specialist school is better equipped to manage these without impacting others.

Step 4: Decide Whether to Pursue Mediation or Tribunal

If the local authority refuses to name your preferred school, you have two options: mediation and/or appeal to the SEND Tribunal.

Mediation

Before you can appeal to tribunal, you must contact a mediation adviser (though you don’t have to actually attend mediation). Mediation is a confidential discussion facilitated by an independent mediator where you and the LA try to reach agreement.

Pros and Cons of Mediation:

Pros:

• Faster than tribunal (can resolve in weeks instead of months)
• Less adversarial and stressful
• May preserve working relationship with LA
• Can reach creative compromises

Cons:

• No guarantee of resolution
• LA may use it to delay
• Agreements are not legally binding (though usually honored)
• If unsuccessful, you still need to go to tribunal anyway

Many parents choose to contact the mediation service (to get the certificate needed for tribunal) but decline to attend mediation itself, instead proceeding directly to tribunal. This is your right.

SEND Tribunal

The First-tier Tribunal (SEND) is an independent legal body that can overturn local authority decisions. Tribunal judges have significant powers to amend EHCPs, including changing the named school in Section I.

Appealing to tribunal is a serious step, but it’s also where your strongest legal rights come into play. Tribunal outcomes favor parents in many cases, particularly on school placement disputes, because the legal burden is on the LA to justify their refusal.

Step 5: Prepare Your Tribunal Case

Preparing for tribunal requires gathering comprehensive evidence, understanding legal arguments, and often obtaining expert support.

Evidence You’ll Need for Tribunal

Essential Tribunal Evidence:

• Your child’s EHCP: The current plan showing your child’s needs and provision
• All correspondence: Every email, letter, and note from meetings with the LA about school placement
• School visit evidence: Your notes, photos (if permitted), and your child’s response to each school visited
• Professional reports: Any reports from educational psychologists, therapists, doctors, or other professionals supporting your preferred placement
• School information: Prospectuses, Ofsted reports, information about provision, and written confirmation the school can meet your child’s needs
• Evidence of unsuitability: Data showing why the LA’s proposed school is unsuitable (e.g., previous failed placement, lack of specialist provision, inadequate Ofsted rating)
• Witness statements: Written statements from professionals, teachers, therapists who support your case
• Progress data: Evidence of your child’s progress (or lack thereof) in current/previous settings

Getting Expert Support

While you can represent yourself at tribunal, expert support significantly increases your chances of success. Consider:

Support Options for Tribunal:

• IPSEA (Independent Provider of Special Education Advice): Free advice and tribunal support
• SOS!SEN: Free helpline and guidance on tribunal process
• SEND National Crisis: Support for families in crisis, including tribunal help
• Solicitors specializing in education law: Legal representation (can be expensive but effective)
• Independent educational psychologists: Can provide expert reports supporting your case
• Parent support groups: Local parent forums and online groups can provide guidance from those who’ve been through tribunal

Step 6: The Tribunal Hearing

The tribunal hearing is a formal but relatively informal legal process. It typically takes place in person (or sometimes by video) and lasts 2-4 hours.

What to Expect at the Hearing

Tribunal Day Structure:

• The Panel: Typically consists of a tribunal judge (who chairs), a specialist member with educational expertise, and sometimes a medical member
• Your Presentation: You (or your representative) will present your case, explaining why your preferred school should be named
• LA Presentation: The local authority presents their case for refusing your preferred school
• Questions: The panel will ask questions of both parties to clarify points and test evidence
• Witness Evidence: Any witnesses you or the LA have called may give evidence and be questioned
• Closing Statements: Both parties summarize their position
• Decision: The panel usually provides a written decision within 10 working days

Tips for Success at Tribunal

Maximize Your Tribunal Success:

• Stay child-focused: Always bring the discussion back to your child’s needs and best interests
• Be specific: Use concrete examples, data, and incidents rather than generalizations
• Stay calm: Tribunal can be emotional, but stay factual and composed
• Answer questions directly: If you don’t know something, say so—don’t guess
• Use your evidence: Reference your evidence bundle frequently; make it easy for the panel to find relevant documents
• Challenge weak LA arguments: If the LA makes assertions without evidence, respectfully point this out
• Know your rights: Understand the legal tests the tribunal must apply

Understanding Tribunal Outcomes

Tribunal outcomes in school placement disputes are often favorable to parents, particularly when the parent has strong evidence that their preferred school meets the child’s needs better than the LA’s proposed placement.

Possible Tribunal Decisions:

• Full success: Tribunal orders the LA to name your preferred school in Section I
• Partial success: Tribunal agrees the LA’s proposed school is unsuitable but doesn’t name your preferred school (requires LA to find alternative)
• LA success: Tribunal upholds the LA’s decision (though this is less common when parents have strong evidence)
• Settlement before hearing: The LA concedes before the hearing date (happens in a significant proportion of cases)

If the tribunal orders the LA to name your preferred school, they must comply. The decision is legally binding, and the LA must amend the EHCP within the timescale set by the tribunal.

Special Considerations: Independent vs. Maintained Schools

If your preferred placement is an independent or non-maintained special school, the legal landscape is slightly different.

Requesting Independent School Placement

Independent schools are often more expensive than maintained schools, so LAs resist these placements more vigorously. However, if you can demonstrate that:

Justification for Independent Placement:

• No maintained school can meet your child’s needs appropriately
• Maintained provision has been tried and has failed
• The independent school has specific expertise or resources essential for your child
• The independent school represents value for money when compared to the likely outcomes and costs of maintained provision failing

…then the tribunal can order the LA to fund the independent placement. This happens regularly in cases involving complex autism, severe trauma, or highly specialist needs.

How Tediverse Supports Your School Placement Journey

Navigating school placement appeals requires meticulous organization, comprehensive evidence, and clear documentation of your child’s journey. Tediverse is designed to support you through every stage:

Tediverse School Placement Support Features:

• Evidence Organization: Store all school visit notes, professional reports, and correspondence in one secure, searchable location
• Progress Tracking: Document your child’s progress (or lack of progress) in current placement with data that supports your case for change
• Incident Logging: Track school incidents, exclusions, and difficulties that demonstrate unsuitability of current/proposed placement
• Timeline Creation: Build a clear timeline of your child’s educational journey to present at mediation or tribunal
• Professional Coordination: Invite professionals into your Tediverse network to gather supporting statements and reports efficiently
• Comparative Analysis: Document and compare different school options based on your observations and your child’s needs

Final Thoughts: Your Child Deserves the Right Environment

Fighting for the right school placement is one of the most important battles you’ll ever fight for your child. The school environment shapes not just their education, but their mental health, confidence, and life trajectory.

When you know in your heart that the local authority’s proposed school is wrong for your child, trust that instinct. You know your child better than anyone, and the law recognizes and protects your right to advocate for appropriate placement.

The appeals process can be daunting, but thousands of parents successfully challenge school placement decisions every year. With strong evidence, clear arguments, and persistent advocacy, you can win the placement your child needs.

Remember: this isn’t about being difficult or demanding—it’s about ensuring your child has access to an education that truly meets their needs. That’s your legal right, and it’s a fight worth having.

Related Resources

• EHCP Application Guide: Complete UK Process
• EHCP Appeals: How to Challenge Local Authority Decisions
• School Anxiety & Re-engagement: Complete Guide for UK Parents
• Working with Local Authority: Effective Advocacy Strategies