What to do if your child doesn’t have a school place

As families prepare for a new school year, many parents may be worried about whether their child with additional needs has a school place in September.

If you find that your child does not have a named school on their EHC Plan, or if your plan hasn't been updated on time you can come to RIASS for information and advice.

If your child has an EHC plan

Your local authority has a legal duty to secure the educational provision set out in your child’s education, health and care (EHC) plan (Children and Families Act 2014, section 42). The local authority must also name a school or educational setting in Section I of the plan.

If your child is moving to a new phase of education (such as primary to secondary), the local authority should have reviewed and amended the plan by:

• 15 February – for primary-to-secondary transfers.
• 31 March – for post-16 placements.

Missing these deadlines is a breach of duty.

What parents can do:

• Contact your local authority immediately to remind them of their obligations.
• Make a complaint using your local authority’s procedure (details are usually on their website).
• If delays continue, you can consider a pre-action protocol letter (a legal warning before judicial review)

If your child has no place for September

Even if a school hasn’t been named, your local authority must make sure your child has an education. In England, this duty comes from section 19 of the Education Act 1996, which requires the local authority to secure suitable, full-time alternative education.