This page explains what you can do if your child does not have a school place.

If your child or young person has recently moved to a new LA with an EHC plan and  cannot attend the school in your previous LA as a result yet have not yet been given a new school place, please refer to the information here instead.

You need to raise this issue with your LA. Our template letter (22c) may help you to do this. What further action to take depends on the situation and how urgent and serious it is.  You will find more information about your options on the ‘what happens next’ section of our template letter page.

Whichever course of action you take, please read our information below on the law that applies for all children, and those children and young people with EHC plans.

All children – with or without EHC plans

If your child is of compulsory school age and isn’t able to attend school then your LA must make sure that suitable, full-time alternative education is in place (section 19 Education Act 1996). 

Children and young people with EHC plans

If your child or young person has an EHC plan then your LA must also secure the provision in that plan (section 42 Children and Families Act 2014). You can remind the LA of this duty and take action if the LA isn’t doing so.

If there is a maintained school, Academy, non-maintained special school, section 41 setting, institution in the further education sector or maintained nursery named in Section I of the EHC plan then that setting must admit your child or young person (section 43 Children and Families Act 2014).

These settings must also continue to admit for as long as the EHC plan remains in force if your LA decides to cease to maintain (stop) the EHC plan – children and young people should not lose their school or college place immediately.  

Another point to remember is that the LA will continue to be under a duty to pay any fees payable in respect of the special educational provision made which is required at the start of the new school year in September, and until such time as the EHC plan is amended to name another institution (section 63(4) of the Children and Families Act 2014). These duties are not dependent for example on the LA’s agreement to fund an additional year of study for young people. There is more information about the LA’s duty to continue to fund EHC plans on our website.

When your child or young person moves to a new phase of education, the EHC plan should be reviewed and amended by a legal deadline. If your LA has not amended the plan by this deadline, then your LA is in breach of its duties relating to phase transfers. You should ask that your LA amends the plan in accordance with the legal process as soon as possible. This will be especially urgent if the plan names a setting which can no longer be attended (for example, it names a primary school when your child is moving to secondary education).

Remember, when making decisions about schools for children and young people with EHC plans, LAs have to comply with the rules in the Children and Families Act 2014.  Decisions can’t be delayed because schools haven’t responded to consultations and reasons such as “the school is full” or “the school doesn’t think it can meet need” aren’t reasons in law to refuse to name a particular school or college. You have certain rights to request a particular school or college and these must be complied with.

Your LA is also able to name an independent school or college if appropriate (section 40(2) Children and Families Act 2014) and there is an offer of a place, as well as settings outside of your LA. You can ask your LA to consider this, and this may be especially relevant to you if your LA has a shortage of places. If you know of any suitable settings you would like the LA to consider, you can refer these to your LA.

If the issue in your area is that there are no school places then you can escalate the complaint to your local MP and/or the Department for Education.