Education, Health and Care Plan (EHCP) consultations & naming a school

Step by step

1. Say which school you want

   When you get the draft EHC plan, the council must give you at least 15 days to ask for a particular nursery, school or college to be named. You have a right to ask for these types: a maintained school or nursery (mainstream or special), an Academy (mainstream or special), a further education college, a non-maintained special school, or a Section 41 school. The council can only refuse for certain reasons. If you do not ask for a school, the council must name a school, or a type of school, that it thinks is right. It also helps to ask that Section F of the plan clearly says what support your child needs.

2. Understand the consultation

   After you ask, and before it names a school, the council must consult the school you asked for, and any school it is thinking of naming. IPSEA says the council should give them 15 days to reply. If a school does not reply, the council does not have to wait. The council where your child lives makes the final decision, even if a school objects. It must think carefully about what the school says.

3. Read the replies and the reasons

   The council can only refuse your request for one of those types of school for these reasons: the school is not suitable for your child's age, ability, aptitude or special educational needs; your child going there would not fit with the efficient education of others; or it would not fit with the efficient use of resources. A school being full is not a lawful reason. If the council refuses, it must name a school or type of school it thinks is right. Ask the council which reason it is using.

4. Independent schools

   Independent schools that are not on the list above are not ones you have a right to ask for. You can still ask the council to think about one. IPSEA says that when you comment on the draft plan, you generally need to show that the school has offered a place, that it is right for your child, and that either no school the council offers can meet your child's needs or the extra cost is not unreasonable public spending. You will usually need evidence from a professional. First check whether the school is really a Section 41 school or a non-maintained special school. If it is, you do have a right to ask for it.

5. Respond if the council says no

   If you think the school the council wants to name is not right for your child, say why and give evidence. When the council looks at cost, it must take your reasons into account. It must weigh any extra cost against the extra education, health and social care benefits, including savings for the NHS or other public bodies. If you want a school with a special unit, check whether the unit is a separate school or part of the school, and ask that Section F describes the help given there.

6. Challenge the final decision

   If the final plan names a school you disagree with, you could appeal to the SEND Tribunal. Think about appealing Sections B and F at the same time. Ask the council in writing for its reasons and for the time limit to appeal, and note the dates in your letter. You can also ask the council about mediation and disagreement resolution.

7. Getting ready to start

   If a school of a type you have a right to ask for is named in Section I of the plan, it must admit your child. If the council refused your request and named a different school, that school also has a duty to admit your child. Talk to the school about visits and start dates, and ask the council who arranges any travel.