Review the SEND Tribunal system to ensure special schools can refuse placements when they deem that capacity, cohort mix, or safety considerations makes them inappropriate. Consider how risk assessments and professional evidence can be properly taken into account.

In our experience, special schools can be forced to admit pupils despite no space, high risks, or incompatible needs. We think tribunal rulings can often override professional judgments and risk assessments, at the risk of causing unsafe and unsustainable placements. We ask the Government to consider issuing new statutory guidance protecting special schools' safety, capacity and right to refusal. The review should also consider reforms to legal powers so special schools can refuse placements they deem unsafe. Without change, we believe that pupil safety and trust in SEND provision are at risk.