Choosing a school with an EHCP
Support to choose a school place
This page is for parents and carers of children and young people (CYP) who have an Education, Health and Care Plan (EHCP).
Key points
- Children and young people with an EHCP do not follow the usual school admissions process.
- You have a legal right to request a school, college or other setting to be named in the EHCP.
- The local authority (LA) must consult with your chosen setting and decide whether to name it in the EHCP.
When can you request a school or college?
You can ask for a setting to be named in the EHCP:
- when the EHCP is being written for the first time
- when the EHCP is being changed after an annual review
- at any other time the EHCP is being amended (for example, if your child is moving to a new setting).
What types of settings can you request?
You can express a preference for:
- a maintained school (mainstream or special)
- a maintained nursery school
- an academy or free school
- a further education college or sixth form
- a non-maintained special school
- an independent school or college that is on the government’s Section 41 approved list.
What happens next?
- The LA must consult with your preferred setting.
- The setting will say whether they can meet your child’s needs.
- The LA must name your preference unless:
- it is unsuitable for your child’s age, ability, aptitude or special educational needs
- it would affect the efficient education of others
- it would not be an efficient use of public resources.
If the setting is named in the EHCP, it must offer your child a place.
What if you want a fully independent setting?
You can still ask the LA to consider it. This is called making representations. You will need to:
- show that no other setting can meet your child’s needs
- get confirmation that the setting is willing to offer a place.
Right to mainstream education
You have a legal right to request a mainstream setting. The LA can only refuse this if:
- it would affect the education of other children or young people
- there are no reasonable steps the LA or school can take to avoid that impact.
The LA cannot refuse a mainstream place just because they think it is “not suitable”.
Moving to a new school or college (phase transfer)
If your child is moving to a new setting (e.g. primary to secondary, or school to college), the LA must:
- ask for your preference at the annual review before the move
- issue an amended final EHCP naming the new setting by:
- 15 February (for school phase transfers)
- 31 March (for post-16 transfers).
Challenging decisions
If the LA refuses to name your preferred setting, you can:
- ask for mediation.
- appeal to the First-tier Tribunal (SEND).
You must do this within:
- 2 months of the LA’s decision, or
- 1 month from the date of your mediation certificate (whichever is later).
