Each year, thousands of families across England find themselves facing disappointment when their child is refused a place at their preferred secondary school. For one family Ruksana Koser recently represented, that disappointment turned into action and ultimately, success.
What happened?
Twin sisters were denied a place at the same school despite one child having diagnosed ADHD and anxiety, and both girls relying on each other for emotional regulation and support. Their parents believed, rightly, that their chosen school offered a far better chance of a supported, stable start to secondary education.
We presented a carefully constructed appeal, supported by professional evidence and rooted in the family’s personal circumstances. We argued that:
- The risk of emotional harm from separating the twins was significant;
- The school’s inclusive ethos and pastoral provision were essential to meeting one twin’s mental health needs;
- The girls’ primary school history and community ties made the preferred school a natural and necessary next step.
The appeal panel agreed. Both girls were offered places in Year 7 at this school so far in 2025.
This case is a reminder that even where a child has no EHCP, the law still recognises the importance of individual needs, wellbeing, and educational suitability. According to national data, roughly 1 in 5 secondary school appeals heard in England succeed — but the chances are significantly higher when arguments are clear, relevant, and well-supported.
How we can help
We can’t change the oversubscription crisis overnight, but we can challenge decisions that overlook children’s real-life needs. That’s where informed legal advocacy makes all the difference.
At Enable Law we have a dedicated SEN Education Team with decades of experience supporting families get the right education for their children or young people. If your child has not been placed at your preferred school and there are important reasons why you feel this school is the right choice for them and your family, we may be able to help. To have a discussion with one of our specialist solicitors call us for free on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient for you.
