Access Compass guide
Education, Health and Care Plan (EHCP) consultations & naming a school
How the local authority consults schools during the EHCP process, what happens if a school says it cannot meet needs and how to challenge decisions. Covers state and independent options including Section 41 (S41) approved schools.
Published by Access Compass · How we research and check guides
Who it's for: Parents & carers, Children & young people
Not yet verified Last checked 16 Jul 2026. Always confirm details with the service before relying on them.
Step by step
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Submit your preferences
List your preferred schools or type of placement when you receive the draft Education, Health and Care Plan (EHCP). You have a right to request a special school if you think it's appropriate.
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Understand the consultation
The local authority must consult each nominated school and give them 15 days to respond about capacity and suitability.
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Reading consultation responses
If a state special declines on suitability/capacity, request that the LA widens the consultation to include relevant independent special settings (especially Section 41 (S41) providers). Ask for reasons if an independent is not consulted; reference your child's needs and Section F.
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Boarding and therapeutic options
Boarding and weekly boarding (e.g., Potterspury Lodge, Wilds Lodge) can be considered where a broader therapeutic/structured environment is necessary to meet needs. These should be explored if day provision cannot address Social, Emotional and Mental Health (SEMH) or Autism Spectrum Condition (ASC) needs adequately.
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Respond to objections
If a school refuses on grounds of capacity or suitability, provide evidence from visits and professionals that the school can meet your child's needs. The LA must consider efficiency of resources but cannot refuse solely on cost.
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Challenge the final decision
If your preferred school is not named in the final EHCP, ask for written reasons and consider mediation or appeal through the SEND Tribunal.
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Prepare for starting
Once a placement is named, discuss transition visits, start dates and any transport arrangements.