Choosing or changing the school named in an EHCP (Section I)

What Section I does

Section I of an EHC plan records the educational placement, or in some circumstances the type of placement. Placement decisions should follow from the needs in Section B and the provision in Section F, rather than being considered in isolation.

When you can express a preference

When a draft EHC plan is issued, the parent or young person can request a particular school, college or other institution. Placement can also become an issue at annual review, phase transfer or where circumstances change.

Which requests carry the section 39 duty?

The Children and Families Act identifies categories including maintained schools, academies, further-education institutions, non-maintained special schools and approved section 41 independent special schools and special post-16 institutions.

For a qualifying request, the local authority must generally name the requested institution unless it is unsuitable for the child or young person’s age, ability, aptitude or SEN, or attendance would be incompatible with the efficient education of others or the efficient use of resources.

The local authority will consult the school

The authority should consult the institution before naming it. A school’s objection is relevant evidence, but it is the local authority that makes the placement decision under the statutory framework. Where an institution in the relevant categories is named in the final EHC plan, it has a duty to admit.

What to do before naming a preference

• Read Sections B and F carefully so you know the needs and provision the setting must be able to meet.
• Visit or speak to the setting where possible.
• Ask how it would deliver the provision described in the plan.
• Record any specialist expertise, environment or curriculum features relevant to your child.
• Send your preference within the deadline given with the draft plan.

If the local authority refuses your preferred placement

Ask for the reasons in writing and identify which statutory exception the authority relies on. Compare those reasons with the evidence about suitability, provision, impact on others and resources.

A final EHC plan can be appealed in relation to Section I. If the appeal is only about Section I, GOV.UK says you do not have to consider mediation before appealing, although you should check the current Tribunal guidance and the decision letter.

Changing placement later

Raise a proposed change at annual review or sooner where circumstances have materially changed. Explain why the current placement no longer matches the needs and provision in the plan, and identify the setting you want considered.