help with ehcp when no school will admit

[needasxhool]

Just posting for traffic. Final stages of the EHCP, and child needs a special setting for KS4. All schools consulted said they cannot meet need. This includes a list of independent settings. There are no other school in a radius of 90 mins which fit the profile. The case worker didn't have anything to suggest other than taking it up with the line manager (which is short hand for fobbing me off). what happens if no school will take my child? Where do I stand legally?

Any school named in Section I has a legal duty to admit. The LA has the power to name a school regardless of whether they say they can meet need or not - the only exception is where an independent school is not on section 41, these settings must offer a place to be named. Do you have a preferred school? Is it an independent or LA maintained/academy?

If the LA is faffing about and won’t name a setting, you may be best off asking them to finalise the plan and appealing to the SEND Tribunal.

Another option is EOTAS (education otherwise than at school) where a bespoke package is put in place, but the LA (or judge if you appeal) must be satisfied that the provision your child requires cannot be made in any school.

It’s hard to advise further without knowing the ins and outs and knowing what evidence you have, but I’d definitely recommend contacting IPSEA or an advocate for advice.

I’d also suggest asking for this to be moved to the SEN board!

I’m sorry op. I am in a similar position. We have an EHCP with no school so we have requested a personal budget / EOTAS. We have our tribunal in February 2026 because the EHCP was a shoddily constructed document that ignored needs even from their own ed psych.

To be honest I’m not fighting for my dd to have a school anymore, she is too damaged by the system. We’re doing some learning ourselves and will get a tutor when she is ready.

You only need an offer of a place from wholly independent schools. For non-wholly independent schools, the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
The bar to do this is higher than LAs and many schools admit. Non-wholly independent schools can be named even if they object.

Is there a school you think can meet needs?

If it is inappropriate for provision to be made in a school, there is EOTAS/EOTIS.