Parental preference for school placement
Parents have the right to express a preference for a maintained school, maintained special school, or academy. The LA must name that school in the EHCP unless:
- The school is unsuitable for your child's age, ability, aptitude or special educational needs
- Attendance would be incompatible with the efficient education of other children at the school
- Naming the school would involve unreasonable public expenditure
What to argue in a placement appeal
- Your preferred school is suitable for your child's needs
- Your preferred school can deliver the provision specified in Section F
- The LA's chosen school is not suitable or cannot deliver the required provision
- The cost difference between the schools does not constitute 'unreasonable public expenditure'
What your pack can include
- Issue map comparing your preferred school against the LA's choice
- Draft grounds of appeal for the placement section
- Evidence points from professional reports supporting suitability of your preferred school
- Parent statement on placement preference and reasons
Frequently asked questions
- Can I request any school in Section I?
- You can request any maintained school (including special schools), maintained nursery schools, and academies. You can also request independent special schools that are not approved by the Secretary of State, but the test is different — the LA does not have to agree unless refusal would be incompatible with your child's education or the efficient use of resources.
- What test does the Tribunal apply for placement?
- For maintained schools and academies, the Tribunal must name a school if it is suitable, if placing the child there would not be incompatible with the efficient education of others, and if it would not involve unreasonable public expenditure. For independent schools, the test is less favourable to parents.
- Can I appeal placement without appealing provision?
- Yes. Section I is separately appealable. You may agree with the provision in Section F but want a different school named. However, the cases are often linked — the Tribunal will want to understand whether your preferred school can deliver the provision.
- What if the LA has named a school I don't agree with?
- You can appeal the LA's choice of school in Section I and request that your preferred school is named instead. You should provide evidence that your preferred school is suitable, can deliver the provision, and is able to meet your child's needs.