05/10/2026
🚩 "On every visit, the staff told us they’ll help in any way possible..." says a parent...
If you are currently in a SENDIST appeal fighting for an Independent School in Section I, you need to hear this reality check today: The Tribunal does not care what you were told verbally in a school corridor.
When you request an "Other Independent School" (non-Section 41) under Section 9 of the Education Act 1996, the Local Authority will hit back with one primary legal argument: "unreasonable public expenditure". To overcome that hurdle, you need a rock-solid paper trail. "They said they can help" will be dismantled by the LA’s legal team in minutes.
Before you pin your hopes on an independent placement, ask yourself these 3 vital questions:
1️⃣ Do you have a detailed written Assessment Report confirming they can deliver every single provision listed in Section F? It needs to be one that proves what this school will do better and more of to justify the placement over the LA's proposed setting!
2️⃣ Have they signed the POP form whereby they confirm they will admit your child and hold a place for them until the hearing date?
3️⃣ Will they attend the hearing as a witness? The Tribunal relies on written and oral witness evidence. Will a staff member stand up for your child on the day?
If your answers are YES - you have a fighting chance.
If your answers are NO - stop relying on verbal promises. Get the paper trail locked down immediately, or pivot your strategy toward settings with a statutory duty to admit.
📩 Need help navigating Section I or other SENDIST tribunal appeals? Don't fight the Local Authority alone. Reach out to us at [email protected] or send us a message to see how we can support your case.
💬 Are you appealing Section I? What evidence has your prospective school provided so far? Drop your experience in the comments.
📌 Save this post before your next school visit or Tribunal deadline!