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

3 mins read

Tuesday 26 August 2025

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

Our education advisers on the Contact helpline are hearing from parents whose children do not yet have a named school, or whose support plans haven’t been updated in time. It’s a big topic in closed Facebook Group too.

Here’s what you need to know about your rights and the steps you can take in this situation.

If your child has an EHC plan (England only)

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). Our freephone helpline can talk you through these steps (0808 808 3555)

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.

Other UK nations

The law is different in Scotland, Wales and Northern Ireland, where support plans and systems have different names and procedures. However, the principle is the same: local authorities have a duty to make sure children and young people with additional needs can access appropriate education.

Northern Ireland

Children with special education needs (SEN) may have a Statement of SEN. The Education Authority must secure the provision set out in the statement and name a suitable school.

If your child is waiting for a placement, the Education Authority still has a duty to ensure your child receives appropriate education.

Parents can appeal to the Special Educational Needs and Disability Tribunal (SENDIST) if unhappy with the placement decision.

Scotland

Children and young people with additional support needs (ASN) may have a Co-ordinated Support Plan (CSP).
Local authorities have a duty to identify, provide and review the support a child needs under the Education (Additional Support for Learning) (Scotland) Act 2004.

If your child doesn’t have a confirmed place, the local authority still has a responsibility to provide an appropriate education. Parents can make use of dispute resolution, mediation, or appeal to the Additional Support Needs Tribunal for Scotland.

Wales

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 replaced the old SEN system. Children and young people who need support should have an Individual Development Plan (IDP).

Local authorities must secure the provision in an IDP and name an appropriate school. If your child has no school place, the local authority is still responsible for arranging suitable education.

Need more advice?

If you’re unsure what to do next, our free helpline advisers can talk you through your options. Call us on 0808 808 3555 or visit our education pages for more advice.