When a draft EHCP is issued, parents, carers and/or the young person will be allowed to comment on the plan, request changes, and also request a particular school, college or other institution of the following type to be named in their EHCP:

  • 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 schools or independent specialist colleges (These are available to all parents, carers and young people in the government’s list of independent schools and post-16 institutions.)

When a parent, carer, or young person requests a particular setting of the types listed above, the local authority must consult them. The local authority may also consult with schools and settings that the local authority believes would be suitable for the child or young person. Settings should respond to this consultation within 15 days.

Consultation responses are carefully considered by the local authority. The local authority must name the education setting that is the preference of the child’s parent or the young person unless:

  1. the setting is unsuitable for the child or young person’s age, ability, aptitude, or special educational need.
  2. the child or young person’s attendance would be incompatible with the efficient education of others or the efficient use of the local authorities’ resources.

If a setting that is on the list of special schools and colleges approved under Section 41 is named in Section I of an EHCP, they must admit the child or young person.

The child’s parent or the young person may also make representations for places in non-maintained early years provision or at independent schools or independent specialist colleges or other post-16 providers that are not on the list of special schools and colleges approved under Section 41 and the local authority must consider their request.

If a setting is not on the list of special schools and colleges approved Under Section 41, they do not have to admit the child or young person.