Rulebook · Decision or problem

A school place was refused for a child without an EHC plan

For a child without an EHC plan, a refused school place is not a SEND Tribunal matter. The refusal can be appealed to an independent admission appeal panel. A claim that the refusal was disability discrimination is made to that panel too. For a child with a plan, the school is named in the plan instead, and section I can be appealed to the SEND Tribunal.

The parent can appeal against the refusal of a school place (for an academy, under its funding agreement). For a sixth-form place, the young person can appeal as well. The School Admission Appeals Code says the refusal letter must give the reason, explain the right to appeal, and give the deadline and who to contact. It also says the deadline must allow at least 20 school days from the date the family was told the application was unsuccessful. The admission authorities of maintained schools and appeal panels have a legal duty to follow the Code, and academies must follow it under their funding agreements. Where there is an admission appeal process, a claim that the refusal was disability discrimination must be made through it, not to the SEND Tribunal. The panel has the same powers as in an admission appeal. If the panel decides the child is to be admitted, that decision binds the school's admission authority. For a child with an EHC plan, an appeal about the school named in the plan, or no school being named, goes to the SEND Tribunal, not an admission appeal panel. Asking the council for an EHC needs assessment is a separate route. Complaints about how an appeal panel was run go to the Local Government and Social Care Ombudsman for maintained schools, and to the Secretary of State for Education for academies. The Ombudsman looks at how the appeal was run, not at whether the panel's decision was right: a complaint to it is not a further appeal.

Appeal right: this is not one of the matters that can be appealed to the SEND Tribunal (Children and Families Act 2014, s 51(2)). See the routes.

Ways to take this further

Listed in the order the rules give them. The order is not a ranking.

• School admission appeal to an independent appeal panel
• A new request for an assessment or re-assessment

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

issue.admissions

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• School Standards and Framework Act 1998, s 94Law (Act or Regulations)
• School Admission Appeals Code 2022, introduction, para 5Official guidance
• School Standards and Framework Act 1998, s 84Law (Act or Regulations), to verifyStill to confirm against the text of s 84, not yet read: which subsection (believed to be s 84(3)) places the duty to act in accordance with the relevant provisions of the School Admission Appeals Code on the admission authorities of maintained schools, governing bodies, councils and admission appeal panels. The Code says it was issued under s 84 and that these bodies have that statutory duty (introduction, paras 1 and 4).
• School Admission Appeals Code 2022, para 2.1(a)Official guidance
• Equality Act 2010, Sch 17 para 13Law (Act or Regulations)
• School Admission Appeals Code 2022, para 3.20Official guidance
• Children and Families Act 2014, s 51(2)Law (Act or Regulations)
• School Standards and Framework Act 1998, s 94(2B)Law (Act or Regulations)
• School Admission Appeals Code 2022, para 2.6Official guidance
• School Admission Appeals Code 2022, para 2.5Official guidance
• School Admission Appeals Code 2022, introduction, para 4Official guidance
• School Standards and Framework Act 1998, s 94(6)Law (Act or Regulations)
• School Admission Appeals Code 2022, para 2.25Official guidance
• Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 36(1)Law (Act or Regulations)
• School Admission Appeals Code 2022, para 5.4Official guidance
• School Admission Appeals Code 2022, Appendix 2, para 1Official guidance

Related

• Disability discrimination claim against a school

See the ways to challenge

The whole rulebook