Why Do Independent Special Schools Discriminate Against The Children They Are Supposed To Help?

Introduction

Many special schools proudly present themselves as safe, nurturing environments tailored for children with additional needs. But behind the glossy brochures and well-worded mission statements, some of these institutions are doing the exact opposite of what they promise, shutting out the very children they claim to support.

My Story

One of the most common and devastating forms of exclusion is the refusal of admission. I know this because I’ve lived it. This article is born from my experience as a parent navigating the frustrating and often disheartening journey of trying to secure the right school placement for my son, who is autistic and preverbal.

When his mainstream school placement broke down, I requested an emergency review of his Educational Health Care Plan (EHCP). I was hoping to get him into a special school that could actually meet his needs. But I already knew this wouldn’t be easy. After all, getting him into any school was a battle in itself (read Can an Educational Health Care Plan (EHCP) do more harm than good? – The Pick Me Up for that story). So, I prepared myself by reading through the Children and Families Act 2014, the Equality Act 2010, and the SEND Code of Practice. I wasn’t about to let anyone take me for a fool.

Multiple Refusals

I submitted a list of over a dozen special schools for the local authority (LA) to consult; these schools already educate SEND children and claim to be equipped for this exact purpose. What happened next was disheartening, but sadly, not surprising: most of them refused to admit him. And these were some of their reasons:

  • No spaces available
  • No suitable peer group (still trying to figure this one out, every SEND child is different, isn’t that the point?)
  • Admission would impact the education of other pupils
  • No reasonable adjustments could be made
  • Admission would be an inefficient use of resources

Here’s a direct quote from one school’s response:

“It is a special school where all students have an Education, Health and Care Plan (EHCP) and complex needs. According to the Children and Families Act 2014, special schools must admit students named in an EHCP unless doing so would be incompatible with the efficient education of others or the efficient use of resources…”

I found it odd and almost patronizing that they felt the need to remind me that all their students have EHCPs because that’s exactly why I was applying! It makes you wonder: are these legal clauses being used as genuine concerns or convenient loopholes to avoid taking on children they don’t want?

Interestingly, when schools are legally forced to admit certain children, they somehow find the space, the staff, and the adjustments.

School Differences

Now, when it comes to wholly independent schools (a parent cannot request that these schools be put on an EHCP unless the school agrees), it’s a different story. They’re not under LA jurisdiction, so if they say no, there’s little you can do. One school made this very clear:

“The referral visit is a chance for you to make a decision, but it is also part of our assessment process to ensure every child is right for us. We are not a Section 41 school, so we cannot be directed by the LA or tribunal.”

But for maintained and Section 41 schools (these are independent SEN schools that a parent can request to be put on a child’s EHCP), I did have the legal right to challenge refusals. Still, the damage was done. Starting off with rejection sets a tone; it tells you your child isn’t wanted.

It made me seriously question the admissions process. How do these schools decide which children are “acceptable”? I understand that no school can admit every child, but when most of them say no despite being designed specifically for SEND, where are our children supposed to go?

Mainstream schools don’t get to cherry-pick students. The LA decides. So why do special schools get so much say when they’re supposed to be lifelines for children who’ve already been failed by the mainstream system?

One of the schools I had high hopes for said they might have space in September, depending on their observation of my son at his current school. Meanwhile, I visited a wholly independent school that offered him a two-day trial as part of their admissions process.

Here’s where it gets interesting.

When the LA caught wind that a wholly independent school, one they’d be responsible for funding, was potentially accepting my son, the previously “maybe” school (which was under the LA’s jurisdiction) suddenly had a spot. Just like that, he was officially offered a place.

And honestly, I wasn’t even surprised. The LA will always go for the cheaper option when faced with the financial pressure of paying for an independent placement. But this also confirmed something I had suspected all along: these refusals aren’t always about resources or logistics. Sometimes, they’re about cost, convenience, or flat-out gatekeeping.

The Bigger Picture

I say all of this to say this: special schools should be centres of inclusion, designed to adapt and evolve with each child’s needs. When they shut their doors to children with support needs at any level, they’re not just rejecting a student, they’re reinforcing the very exclusion they were created to prevent.

Parents like me are left to fight endless battles, not just with schools, but with the system itself.

A Little Encouragement


If you’re a SEND parent reading this, I want you to know you’re not alone. This journey can be exhausting, but equipping yourself with knowledge is one of the best tools you have. Know your rights and arm yourself with the facts so you can show your Local Authority that you’re not here to be dismissed.

You are your child’s greatest advocate, and when the system tries to shut you out, you knock louder.

And with that I’ll leave you with this:

“Inclusive education is not a privilege. It is a fundamental human right.” — Ban Ki-moon

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