When a child has an EHC Plan, the school or setting is written into Section I. This chapter explains how you get a say in which school that is — and how to push back on some of the things parents are wrongly told.
1Can I ask for a specific school?▸
Yes — you have a legal right to request one.
Once the local authority (LA) issues a draft EHC Plan, you have at least 15 days to comment and to ask for a particular school or setting. You can request a mainstream or special school, and certain types of college. The LA must then consult the school you've named before finalising the plan.
2Does the LA have to name my choice?▸
The LA must name your preferred school unless one of a small number of legal exceptions applies. It can't simply refuse because it would prefer somewhere else.
If the LA relies on one of these exceptions, it should explain clearly why — and you can challenge that reasoning (see Chapter 4).
3Can I insist on a mainstream school?▸
There is a strong right to mainstream education.
A child or young person with an EHC Plan must be educated in a mainstream setting unless that goes against your wishes, or is incompatible with the efficient education of others — and even then only where there are no reasonable steps the school and LA could take to prevent that incompatibility.
4Can I ask for a special (specialist) school?▸
Yes. If you believe a special school is right for your child, you can request one at the draft stage, and the same Section 39 tests apply. A common myth is that a child "can't go to a specialist school because they have a mainstream plan" — the plan's contents can be changed, and placement is decided against the legal tests, not by a label already on the draft. If a special school is what your child needs, make the case with evidence (reports, the level of support required, why mainstream can't meet the need).
5The school said it's "full" or has "no spaces". Is that a valid reason?▸
Not on its own.
Every child is entitled to a suitable education, and simply saying a school is "full" or "has no spaces" is not, by itself, a lawful reason to leave a child without a place or provision. The LA has to work to the legal tests in Section 39 — and importantly, once a maintained school or academy is named in an EHC Plan, that school has a legal duty to admit the child, even if it is otherwise full.
So "we're full" and "there aren't enough spaces" are not the end of the conversation. Ask for the decision and reasoning in writing, and get advice before accepting it.
6What if the LA names a school I don't agree with?▸
The school placement is Section I of the plan, and it is one of the parts you can appeal. If the final plan names a school you don't agree with — or refuses your preferred school — you can appeal Section I to the SEND First-tier Tribunal (see Chapter 4). As always: keep everything in writing, gather your evidence, and mind the two-month deadline.
- Ask the LA to put its reasons in writing.
- Line up evidence for why your preferred school is suitable and can meet need.
- Consider mediation, then appeal Section I if needed.