School/setting (or that no setting) named in a plan

Our advice around appealing the school, or that there is no school (or college/setting) named in section I of an EHC plan.

You may wish to also appeal the contents of the EHC plan, as your child’s needs and required provision are relevant in every appeal about the school/setting (or type) named.

Firstly, it’s important to fully understand why the local authority reached this decision. It’s always a good idea to continue talking to the local authority about your concerns or any questions you have.

These discussions will help you decide whether to appeal and if you do, will be key when building your case.

Before appealing you could consider mediation (if you are appealing the contents too then you must consider mediation). It is possible that as a result the local authority will reconsider their position.

The Children and Families Act 2014 says:

The child’s parent or the young person has the right to request a particular school, college or other institution of the following type to be named in their EHC plan:

  • maintained nursery school
  • maintained school and any form of academy or free school (mainstream or special)
  • non-maintained special school
  • further education or sixth form college
  • independent school or independent specialist colleges (where they have been approved* for this purpose by the Secretary of State and published in a list available to all parents and young people) (38)

The local authority may only reject your request to name your chosen school where:

  • the school or other institution is unsuitable for the age, ability aptitude or special education needs of the child or young person.
  • The attendance of the child or young person would be incompatible with the provision of efficient education for others
  • The attendance of the child or young person would be incompatible with the efficient use of resources (39)  

Some Independent schools have opted in – view the list of approved independent schools and colleges, known as ‘ section 41‘ schools.

So what does this mean?

You can request to name a school or setting, provided one of the types listed above. 

The local authority may only reject your chosen school for one of the above reasons, it would not be lawful to refuse because a school is full, for example.

You cannot request the local authority consult with an Independent school that has not opted into section 41, but you can make representations for one.

The Act also says that children and young people should be educated in mainstream, unless incompatible with the wishes of the child’s parent or the young person, or with the efficient education of others. (33.2)

If the local authority does not agree with your request for a particular school (due to one of the reasons above) they must name a school they think appropriate, or a type of school they think would be appropriate.

The Education Act 1996 remains relevant too, section 9 says that local authorities should have regard to the general principle that children should be educated in accordance with their parent’s wishes.