Education, Health and Care Plans
Making a school preference
When the LA issue the draft plan, they will ask you for your school preferences. You have the right to request any of the following types of school or college:
- a maintained school or nursery (mainstream or special)
- an academy (mainstream or special)
- an institution in the Further Education sector
- a non-maintained special school
- a section 41 school
The LA can only refuse your request for one of these types of schools if:
- The setting is unsuitable for the age, ability, aptitude or special educational needs (SEN) of the child or young person; or
- The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
- The attendance of the child or young person would be incompatible with the efficient use of resources.
You may also express a preference for an independent school, college or other institution, and the LA must consider this. IPSEA have more information about making a request for an independent setting.
The LA will consult with the school you have requested, and may also consult other schools that they believe could meet your child's needs. Schools are given 15 days to respond to these consultations. After 15 days the LA will name a school in the final plan (Section I).
If you are unhappy with the school named in Section I of the final EHC plan, you can appeal this decision to the SEND Tribunal.