If your child has an Education, Health and Care Plan (EHCP) (or a draft EHCP), you have important legal rights when choosing a school or college.

The draft EHCP:

  • Will NOT name a school yet
  • It focuses on your child’s needs and support first

The LA must:

  • Decide your child’s needs
  • Decide what support is needed
  • Then decide on a suitable school

    You have the right to ask for a specific school, college, or setting to be named in your child’s EHCP.

    This could include:

    • A mainstream school
    • A special school
    • A college or further education setting
    • A non-maintained or specialist school
    • A “section 41” school
    • A place in a school with a specialist unit
    • An independent school

      The LA must consider your choice and can only refuse for legal reasons (see below).

      When can the LA refuse my choice?

      The LA can only refuse if they can prove that:

      • The school is not suitable for your child’s needs
      • It would affect the education of other children
      • It would cost too much public money

       A school being “full” is NOT a sufficient lawful reason to refuse.

      What happens after you make your request?

      The LA must:

      • Contact the school you requested
      • Ask them if they can meet your child’s needs
      • Make a final decision

      The final decision is made by the LA, but they must follow the law and consider your views.

      What if I want a mainstream school?

      Your child has a right to be educated in a mainstream school, unless:

      • You don’t want this, or
      • The LA can prove it would not work

      This means your child should be in mainstream where possible, but not necessarily in your first-choice school.

      What if the LA names a different school?

      If the LA names a school you do not agree with, you can:

      • Explain why you think it is not suitable
      • Provide evidence
      • Appeal to a tribunal if needed

      What about independent schools?

      You can ask for a private (independent) school, but:

      • The school must be suitable
      • The LA must agree it is the right choice
      • It should not cost more than necessary

      You will usually need strong evidence to support this request.

      What if no school is named?

      Sometimes the EHCP only says the type of school (e.g. “mainstream” or “special”).

      In this case:

      • The LA must still provide support stated in Section F
      • They must keep looking for a suitable school
      • You can challenge this decision if you disagree

      Important to remember

      • Your views and your child’s views must be listened to
      • The LA must follow the law when making decisions
      • You can ask for help, support, or appeal decisions if needed