Choosing a school or placement

If your child or young person is getting their first EHCP, the local authority will send you a draft EHC Plan.

You can ask the local authority to contact schools or colleges you would like them to consider. This is called a consultation.

The local authority must give you at least 15 days to:

• Read the draft plan.
• Ask for changes to the plan.
• Share your views about the plan.
• Tell them which school, college or setting you would like your child or young person to attend.
• Ask for a meeting with a local authority officer to discuss the draft plan.

You can ask the local authority to consult with more than one school or college, but it is helpful to tell them which setting you prefer.

In a draft EHC Plan, Section I (the school or college placement) is usually left blank. The name of the school or college will be added when the final EHC Plan is issued.

The school or college normally has 15 days to reply and say whether they think they can meet the needs in the EHC plan.

The Local Authority makes the final decision about which school or college is named in the EHC plan.

If you think the process is taking too long, you can contact your Local Authority caseworker and ask if the school or college has sent back its response.

If you want a school or college that is completely independent

You can ask the Local Authority to consider a completely independent school or college. The school or college must agree to offer a place to your child or young person.

You will usually need to show that other suitable schools or colleges cannot meet your child or young person's needs.

If the independent school or college does not offer a place, you cannot ask the SEND Tribunal to order that school to admit your child or young person.

For more information, see guidance on choosing an independent school or college placement.

A non-maintained special school is a special school that is not run by a local authority. It charges fees, but it does not make a profit. Most non-maintained special schools are run by charities or charitable trusts. Parents and young people have the right to request a non-maintained special school in an EHC plan.

What is a Section 41 school or college?

Some independent special schools and post-16 colleges have been approved by the Secretary of State under Section 41 of the Children and Families Act 2014. This means parents and young people can ask for them to be named in an EHC plan, in the same way as other schools listed in Section 38(3).

If a Section 41 school or college is requested, the Local Authority must consult with it and consider naming it in Section I of the EHC plan. The Local Authority can only refuse in certain circumstances set out in the law. [

You can find a list of schools and colleges approved under Section 41 on the Government's website. Independent special schools and post-16 institutions - GOV.UK (www.gov.uk) (External link) 

A dual placement is when a child or young person attends two schools, usually a mainstream school and a special school, which work together to meet their needs.

There is nothing in the law that prevents an EHC plan from naming a dual placement in Section I, where this is the best way to meet the child or young person's special educational needs.

If you think a dual placement would work best for your child or young person, you should explain to the Local Authority:

• why a dual placement is needed;
• how it would help meet the needs described in the EHC plan; and
• provide any reports or evidence that support your view.

Both schools must agree to the arrangement. The Local Authority is responsible for deciding whether to name the placement(s) in the EHC plan and for making sure the provision in the plan is delivered.

In simple terms: a dual placement can combine the specialist support of a special school with the opportunities available in a mainstream school, if this is the best way to meet a child or young person's needs.

The Local Authority can only refuse your preferred school or college if:

• It is not suitable for your child or young person's age, ability, aptitude or special educational needs.
• Placing your child or young person there would affect the efficient education of other children.
• The placement would not be an efficient use of resources. This usually means the cost would be unreasonable when compared with other suitable options.
• These are the only reasons the Local Authority can use to refuse a request for a school or college listed in Section 38(3) of the Children and Families Act 2014. These are also the reasons that would be considered if the case went to the SEND Tribunal.

If a school or college is named in Section I of the EHC plan, it must admit your child or young person and allow them to attend.

Schools can sometimes take more pupils than their usual number. However, there may come a point where admitting another pupil would make it difficult for the school to meet the needs of all its pupils. In these situations, the Local Authority may argue that admitting another child would be incompatible with the efficient education of other children.

This is a strong legal test. The Local Authority must do more than say it would be inconvenient. They should explain:

• which children would be affected; and
• how their education would be affected.

The Local Authority may also argue that admitting another child would not be an efficient use of resources, for example if extra staff or new facilities would be needed. However, in many cases an additional pupil can be supported within existing resources.

If the Local Authority objects to your preferred school or college, it is a good idea to ask them to explain exactly why they believe one of the legal exceptions applies.

If the Local Authority decides not to name your preferred school or college and issues a final EHC plan naming a different placement, you will usually have the right to appeal to the SEND Tribunal. The Local Authority should send you a decision letter explaining your appeal rights. Keep this letter safe, as you may need it if you decide to appeal.  You may wish to proceed to mediation, if appropriate. 

At the Annual Review, you can explain why the current placement is no longer suitable and tell the Local Authority which school or college you would like to be named instead. You can also provide reports or other evidence to support your request.

If your child or young person's needs have changed significantly and the next Annual Review is still some time away, you can ask the Local Authority to arrange an early Annual Review. The Local Authority will consider your request and decide whether an early review is needed.

Once the review has taken place, the Local Authority must decide whether to:

• keep the EHC plan unchanged;
• amend the EHC plan; or
• cease to maintain the EHC plan.

If the Local Authority refuses to change the placement, or names a different school or college to the one you have requested, you may have the right to appeal to the SEND Tribunal. 

Tip: If you are asking for a new school or college, try to make the request as early as possible and provide any evidence that shows why the change is needed. This can help the Local Authority make an informed decision. 

You can do this by:

• asking for mediation; and/or
• appealing to the SEND Tribunal.

In most cases, you must first consider mediation and obtain a mediation certificate before appealing to the SEND Tribunal.

However, you do not have to consider mediation if your appeal is only about:

• the school or college named in Section I;
• the type of school or college named; or
• the fact that no school or college has been named.

You can appeal directly to the SEND Tribunal in these circumstances. The decision letter sent with the final EHC plan should explain your appeal rights and the time limits for making an appeal.

Remember: there are strict time limits for appeals, so it is important to read any decision letter carefully and seek advice as soon as possible if you disagree with the Local Authority's decision.