Appealing section I – placement
What is section I?
Section I of an Education, Health and Care (EHC) Plan names the school, college, or other setting your child or young person will attend. This could be a mainstream school, a special school, or a general type of setting if no specific school is named.
What if I don’t agree with the school named?
You can appeal Section I if:
- you disagree with the school named
- no school is named, but you want one
- you want a different type of school or setting.
Important: If you’re appealing Section I, you may also need to appeal Section B (your child’s needs) and Section F (the support to meet those needs). These sections often need to be updated if you want a different school to be named.
When can I appeal?
You can appeal after the final EHC Plan is issued or after receiving an amendment notice. The deadline is either:
- within 2 months of the decision letter,
or
- within 1 month of receiving your mediation certificate
(whichever is later)
What can I say in my appeal?
You can explain why the named school is not suitable. For example, it may not meet your child’s needs, be too far away, or not offer the right type of support. You can also say if another school or type of setting would be better. You have the right to name the school you want.
Choosing a school: your rights
You can ask for the following types of settings to be named in Section I:
- maintained nursery
- maintained or academy school (mainstream or special)
- non-maintained special school
- further education college
- independent school or college approved under Section 41.
The local authority must agree unless the school is unsuitable, would negatively affect other pupils’ learning, or would cost significantly more than other suitable options.
Important: If you want an independent school that is not on the Section 41 list, you need to prove it:
- meets your child’s needs
- costs the same or less than the local authority’s proposed placement.
These schools are not under a legal duty to admit a child just because they are named within an EHC plan. Therefore, the school must agree to admit the child and this offer or consent should be submitted with the appeal.
Things to think about
If you want a special school, you may need to appeal Sections B and F as well. Include evidence such as school reports, expert assessments, and therapy recommendations. Explain why your child needs small classes, specialist staff, or specific therapies.
If you want a mainstream school but the local authority named a special school, you can argue that your child can be included in mainstream education with the right support. The local authority must show that your child would negatively affect other pupils’ learning — and they must first try to solve the problem with extra support or training.
How to appeal – Step-by-step
- Decide what you’re appealing (you may need to appeal all three):
- Section I: school or setting
- Section B: child’s needs
- Section F: support/provision.
- Complete the SEND35 Appeal Form
- you can find it here: Special Educational Needs and Disability Tribunal appeal: Form SEND35 – GOV.UK
- Include the following in the form:
- child’s full name and date of birth (or your own, if you are a young person appealing yourself)
- your full name and address
- names of others with parental responsibility (if applicable)
- name of your local authority
- date of the decision or final EHC Plan
- any accessibility needs (e.g. translated documents, wheelchair access, signer).
- Write your reasons for appeal:
- be clear and structured.
- use headings or numbered points if it helps.
- focus on facts and evidence.
- refer to school reports, assessments, and other documents
- mention any evidence you plan to submit later.
Documents to send with your appeal
You should include:
- the completed and signed appeal form
- a copy of the local authority’s decision letter
- your mediation certificate
- a copy of the EHC Plan and all documents listed in Part K
- supporting evidence (photocopies or scans)
- a list of documents you’re sending (preferably in date order).
Keep copies of everything you send.
What happens after you submit your appeal?
The tribunal will respond within 25 working days. They will tell you:
- if there will be a hearing
- details about the hearing
- deadlines for sending more information.
The local authority will have 30 working days to respond to your appeal.
Costs and Support
Appealing is free. You don’t need to pay any fees to the Tribunal.
You don’t need a lawyer, but you can choose to get legal advice or representation if you wish, this would be at your own cost. If you’re on a low income, you may be eligible for legal aid.
Further information:
IPSEA have a pack to support appealing the school named within an EHC plan, which is a detailed guide to your rights, and how to bring an appeal on this issue: Appealing against the school or other setting named in your EHC plan (external website).
