Finding a school and applying for a place

There is a general right in law to a mainstream school place if this is what you want. However, please bear in mind that this is a general right and not a right to a particular mainstream school. If you say that you want a mainstream education for your child and the Local Authority cannot name your preferred school, the expectation would be that they look more widely at other mainstream schools in the area.

The Local Authority can only name a special school against your wishes if:

• Admitting your child to a mainstream school would be incompatible with the efficient education of other children and
• There are no reasonable steps that the school or Local Authority can take to overcome that incompatibility

The Local Authority cannot refuse a mainstream education outright on the grounds that it is 'not suitable'.

Moving to secondary school or post 16 education with an EHC Plan

If your child is moving to secondary school or leaving school to go to college, you must be asked for your preference for the next stage of education. Options are likely to be discussed at the annual review before transfer. There are set legal timescales for the Local Authority to name the new school/college for entry in September. These are:

• 15th February for secondary
• 31st March for post 16

You will need to think about which school you want well before this time. For secondary transfers, it is good to start planning when your child is towards the end of Year 5 so you are able to share your preference at their EHC Plan review meeting (which will likely be held around October/November time, shortly after entering Year 6).

I know what school I would like my child to attend…what do I do next?

Share your preference clearly with your child’s allocated EHC Plan Case Coordinator (01709 822660) during either the 15 calendar days following the receipt of your child’s draft EHC Plan (if you are in the initial EHC assessment process), or as close to the review of your child’s EHC Plan as possible (e.g., within the review meeting). It is often useful to share your preference in writing, as this will also allow you to document your reasons why the school is your preference.

Challenging decisions

Upon your child’s final Plan being issued, you will be made aware of your right to go to mediation and to appeal to the First Tier Tribunal for Special Educational Needs and Disability. If the Local Authority does not name the school you want, you may wish to pursue either/both of these options. Please see our other factsheets, which provide further information on these options.