Naming a specialist school in Section I of an EHCP | EHCP Clarity
Section I Placement

Naming a specialist school in Section I of an EHCP

Section 38 of the Children and Families Act 2014 gives parents and young people a statutory right to request a maintained special school, special academy, or section 41 independent special school in Section I of the EHCP. The LA must consult the named school and name it in the EHCP unless one of three narrow exceptions in section 39 applies. This page explains the legal test, what evidence works, and how to appeal at the SEND Tribunal.

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Quick answer

You have a statutory right under section 38 CFA 2014 to request a maintained special school, special academy, or section 41 independent special school. The LA must name it unless: (1) it is unsuitable to your child's age, ability, aptitude or SEN; (2) it would be incompatible with efficient education of others; or (3) it would be incompatible with efficient use of resources. Cost alone is not a refusal ground — it must be evaluated against what the LA proposes to spend.

The section 38/39 framework

Section 38 of the Children and Families Act 2014 sets out the right to request a placement. Parents (and young people aged 16+) can request:

  • Any maintained school (mainstream or special) — including academies and free schools
  • An institution within the further education sector
  • A non-maintained special school
  • An independent special school approved under section 41
  • An institution approved under section 41 for further education for SEN

Section 39(4) sets out the only three grounds on which the LA can refuse to name your preferred school:

(a) Unsuitable to age, ability, aptitude or SEN

The school cannot meet the child's needs. The LA must show specifically why — typically requires evidence the school's specialism does not match the child's profile, or it cannot deliver required provision.

(b) Incompatible with efficient education of others

Attendance would seriously disrupt other children's education. Rarely successful; requires specific evidence of disruption or competing needs that cannot be managed.

(c) Incompatible with efficient use of resources

Cost test. The LA must compare the cost of the parent's preferred school against the LA's proposed alternative. A modest cost difference where parent's school can better meet needs typically does not engage the exception.

How to name a specialist school in Section I

  1. 1

    Identify suitable specialist schools

    Use the section 41 list (gov.uk), local authority special schools list, and parent networks (e.g. SOS!SEN, IPSEA). Look for schools whose specialism matches your child's profile (autism, complex needs, SLD, etc.).

  2. 2

    Visit and assess fit

    Tour the school, meet senior staff and SENDCO, observe a similar-profile class if possible, talk to existing parents, ask about staff training, behaviour management approach, curriculum adaptation, transitions support.

  3. 3

    Get the school's confirmation

    Ask the head/SENDCO for written confirmation that the school can meet your child's needs and would offer a place if named. This letter strengthens your Section I case substantially.

  4. 4

    Build the evidence base

    Professional reports recommending specialist provision, evidence of mainstream's inability to meet needs (failed placements, attendance, professional opinion), parent observation, and quantified provision the specialist school can deliver.

  5. 5

    Express your preference in writing

    When the draft EHCP is issued (or at annual review where you are seeking change), write to the LA naming your preferred school under section 38 CFA 2014. The LA must consult the school within statutory timescales.

  6. 6

    If LA names a different school, register a Section I appeal

    You have 2 months from the final EHCP date. Use SEND35A. The Tribunal can order the LA to name your preferred school if section 39 exceptions are not made out.

The cost argument under section 39(4)(c)

Cost is the most commonly cited refusal ground for specialist school requests. The Tribunal applies a comparative test — the cost of the parent's preferred school against the cost of the LA's proposed alternative including any additional support that alternative would require.

Practical points:

  • If the LA proposes a mainstream school with extensive 1:1 support, the cost of that 1:1 must be added to the mainstream baseline cost
  • If LA proposes one specialist school and parent prefers another, only the cost difference is relevant
  • Where parent's preferred school is the only one that can meet needs, cost is largely irrelevant — section 39(4)(a) drives the answer
  • Transport costs are part of the calculation
  • A section 9 Education Act 1996 'unreasonable public expenditure' test sometimes also applies

Building your specialist school case

  • Identified specialist school appropriate to child's profile
  • Visited the school and met senior staff
  • Written confirmation from school it can meet needs and would offer a place
  • Professional reports recommending specialist provision
  • Evidence of mainstream's inability to meet needs (failed placements, professional opinion)
  • Section 38 preference expressed in writing during draft EHCP comment period
  • Cost analysis comparing preferred school against LA's alternative
  • Parent statement explaining choice and impact of placement on family

Common LA pushbacks on specialist school requests

  • "Cost is too high" — challenge with comparative cost analysis; cost alone is not enough.
  • "Mainstream can meet needs with support" — quantify what mainstream would need to provide and demonstrate it cannot reliably deliver.
  • "There is no place at the school" — get school confirmation in writing before submitting; many LAs assume no place exists when one does.
  • "School is too far away" — distance is part of cost; argue the necessity of specialist placement outweighs distance.
  • "Section 41 list is closed" — the section 41 list is updated regularly; check the current gov.uk list before assuming.
  • "You should try mainstream first" — only sustainable where there is reasonable prospect; do not let LA force tried-and-failed cycle.

Frequently asked questions

Can I name a specialist school in Section I of my child's EHCP?
Yes. You have the right under section 38 of the Children and Families Act 2014 to express a preference for a maintained special school, special academy, or section 41 independent special school. The LA must consult the school and name it unless one of the three statutory exceptions in section 39 applies.
What are the section 39 exceptions that let the LA refuse my preferred school?
There are three: (1) the school is unsuitable to your child's age, ability, aptitude or SEN; (2) attendance there would be incompatible with the efficient education of others; or (3) attendance there would be incompatible with the efficient use of resources. These are narrow tests — the LA must specifically evidence which exception applies.
What is a 'section 41' specialist school?
Section 41 of the Children and Families Act 2014 lists independent special schools approved by the Secretary of State for SEN. Parents and young people have the same right to request a section 41 school as a maintained special school under section 38. There are over 200 section 41 schools in England.
What if my preferred specialist school is more expensive than the LA's preferred placement?
Cost is part of the section 39(4)(c) 'efficient use of resources' test, but only one factor. The Tribunal compares the specialist school's cost against what the LA proposes to spend on its preferred placement. Where the difference is modest, or where the cheaper option cannot meet needs, the specialist school is usually named.
Do I have to visit the school before naming it in Section I?
It is not legally required, but strongly recommended. You should be confident the school can meet your child's needs and is the right environment. Visit, meet the head/SENDCO, ask about staff training, observe a class, and see how other children with similar profiles are doing there.
What evidence do I need to show the specialist school is right?
Letter from the school confirming it can meet needs and offer a place, professional reports recommending specialist provision, evidence of failed mainstream placements (if any), comparison with what mainstream cannot deliver, and a quantified cost comparison if cost is in dispute.
Can the LA name a different school over my objection?
Yes, the LA decides Section I after considering preferences. If it names a school you do not want, this is appealable to the SEND Tribunal within 2 months of the final EHCP. Section I appeals are common and frequently successful where parents have strong evidence.
What about non-section 41 independent schools?
For independent special schools not on the section 41 list, you do not have a statutory right to request — but you can still ask. The LA must consider section 9 of the Education Act 1996 (general duty to consider parental wishes) but is not bound to name. See our guide to naming an independent school in an EHCP.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.