School keeps saying they can't meet his needs — but the council refused anyway

When the people delivering the support say they can't deliver it without more help, and the council still refuses, the council is contradicting its own frontline. That contradiction is your appeal.

What this is called officially

necessity evidence from the placement itself

Phrases to look for on your letter: “school can meet needs from ordinarily available resources”

Why this is an appealable position

Councils refuse by asserting schools can cope. The school's own written statements — SENCO emails, panel requests, funding applications, minutes — are direct evidence against that assertion. Tribunals weigh what the placement says heavily, because the school has no incentive to exaggerate: asking for a plan invites scrutiny of its own provision.

Your position is strongest when

School has written that it cannot meet needs or has requested assessment itself
Top-up funding applications were made or refused
Staff turnover keeps breaking the support that does exist

Honest caveat: this argument is weaker when — school's position is only verbal (get it in writing — ask the senco to email their view).

Evidence to gather now

SENCO/head emails stating the limits
School's own assessment request or supporting letter
Funding/panel paperwork
Provision-map showing hours actually available

Your first move

Ask the SENCO, in writing, one question: 'Can school fully meet his identified needs from ordinarily available resources — yes or no, and what's missing?' The answer usually writes your case.

Build my SEND appeal pack — £11.99

Answer plain-English questions about the decision and your child, and get Tribunal-ready grounds in minutes — matched to the right HMCTS form, SEND35 or SEND35A.

Common questions

Will pushing school to write this damage the relationship?

Framed as 'the Tribunal needs your professional view', SENCOs are often relieved — they want the provision funded too. You are usually allies, not opponents.

How does your council compare?

Refusal rates vary wildly between councils — England's average is 26.4%, but some councils refuse over 60% of assessment requests. Look up your council's refusal rate — it's context the Tribunal never sees but you should know, and free specialist advice is available from IPSEA (ipsea.org.uk).

Where these rules come from: Children and Families Act 2014, Part 3 · SEND Regulations 2014.

Independent information, not legal advice. Success statistics from published Ministry of Justice Tribunal data. Free specialist help: IPSEA and your local SENDIASS. No outcome is guaranteed.