How to Choose a School for Your Child With an EHCP

Choosing the right school for your child with an education, health and care plan (EHCP) means they’ll get the support they need to succeed in school. 

When your child has an EHCP, you have the legal right to request a particular school or college to be named in the plan, and your local authority can only refuse your request in limited circumstances. This is different from the standard admissions process that applies to children without special educational needs.

Your child’s education, health and care plan exists to ensure they receive the support they need to thrive in education. The plan works as a legal document that sets out your child’s special educational needs and the provision needed to meet them.

Here, we cover your legal rights when choosing a school with an EHCP, the practical steps involved in making your request and what happens if disagreements arise. You’ll learn about the types of schools you can request, the reasons a local authority might refuse and how to prepare for your child’s transition to their new setting.

The key step in selecting a school and your legal rights

When your child has an EHC plan, you have specific legal rights to request particular schools and settings. The local authority must follow strict rules when considering your choice, and can only refuse your request under limited circumstances defined by law.

Understanding school types and provisions

You can request any of several school types when you receive a draft EHC plan. These include state-funded schools or nurseries, independent schools, academies and special schools.

Some schools have specialist units or special support centres attached to them; at Heathfield Knoll, we have our dedicated Connect Centre designed specifically for children with additional needs. If the unit is a separate institution (which isn’t the case for our Connect Centre), you can request it be named in section I of the EHC plan. If the unit is part of the mainstream school, the school name goes in section I whilst the specialist provision should be described in section F.

Section F must clearly detail the special educational provision your child requires. Without this detail, your child might attend the school but not access the specialist unit or support they need.

Parent and young person rights under EHCP legislation

Section 39 of the Children and Families Act 2014 gives you the right to request a particular school when you receive a draft EHC plan or amendment notice. The local authority must give you at least 15 days to make this request.

If you want a mainstream education for your child, section 33 of the act provides additional protection. Your child must be educated in a mainstream setting unless it goes against your wishes or is incompatible with efficient education for others and no reasonable steps can prevent this incompatibility. It also means if you want to explore an independent school, your local authority must consult with your chosen option.

The SEND code of practice confirms that even if your requested school is lawfully refused, your child may still have a right to mainstream education generally. The local authority would need to prove that any mainstream placement is incompatible with the efficient education of others.

Your views matter throughout the process. Under section 19 of the act, the local authority must consider the views, wishes and feelings of parents, children and young people when deciding which school to name.

Navigating the application and consultation process

After you make your school request, your local authority must consult with specific parties. These include the governing body or proprietor of your requested school and any other schools you’re considering. The consultation period lasts 15 days. If another local authority maintains the school, that authority must also be consulted.

You do not need to complete general preference forms that apply to children without EHC plans. These forms operate under separate legislation and do not apply to your situation.

The final decision rests with your home local authority. Even if the school or another local authority objects, your home authority can still choose to name your requested school.

During the annual review process, placement changes can be discussed. Any amendments to the EHC plan must follow proper procedures, including giving you time to request a new school if needed.

Legal grounds for acceptance or refusal

Your local authority can only refuse your school request for three specific reasons under section 39 of the Children and Families Act 2014:

• The setting is unsuitable for your child’s age, ability, aptitude or special educational needs.
• Your child’s attendance would be incompatible with efficient education for others.
• Your child’s attendance would be incompatible with efficient use of resources.

A school being full is not a lawful reason for refusal. The local authority must prove at least one of these conditions applies.

If the authority refuses your request, it must name an appropriate alternative. Section 9 of the Education Act 1996 requires consideration of parental wishes when deciding the alternative, balanced against efficient instruction and avoiding unreasonable public expenditure.

The authority must weigh extra costs against educational, health and social care benefits. This includes any cost savings, such as on-site therapies that would otherwise require separate funding.

If you disagree with the final EHC plan’s named school, you can appeal to the SEND Tribunal. The first-tier tribunal can order the local authority to name your preferred school if it finds the refusal was unlawful or the alternative placement inappropriate.

Practical considerations and support for transition

Moving to a new school involves careful planning around visits, specialist support arrangements, professional collaboration and financial considerations. Understanding these practical elements helps ensure your child’s transition runs smoothly and all necessary support is in place from day one.

Visiting and evaluating schools

Visiting potential schools allows you to discuss your child’s needs with the head, their future teachers and the pastoral care team to make sure it’s the right fit.  Bring your child to visits so they can experience the environment.

During visits, observe how staff interact with pupils who have similar needs to your child. Look at classroom layouts, sensory spaces and toilet facilities. Ask about adjustments to teaching and whether the school uses targeted interventions or individual programmes for children with EHCPs.

Request to speak with the Special Educational Needs Coordinator (SENCo), relevant teaching staff and any specialists who would work with your child. Ask specific questions about how they would meet the provision in section F of the EHCP. If your child needs support from a speech and language therapist, educational psychologist, or sensory service, confirm these arrangements are already in place.

Specialist resources and extra support

Check what specialist technology and equipment the school already has. Some children need specific resources like adapted seating, communication devices or sensory equipment. Schools should tell you whether they can provide these or if they need to order them.

Ask about access to healthcare professionals within school. Some settings have regular visits from occupational therapists, physiotherapists or nurses. If your child has emotional or social needs, find out about wellbeing support. This might include access to pastoral care or counselling. The school should explain their approach to mental health support so you’re confident your child will receive the right support.

For children moving from early years settings to mainstream primary schools, ask about the early years SEND team‘s involvement. When transitioning to high school or secondary school, your child’s teachers or EHCP Coordinator should coordinate handover of information about your child’s developmental history and what has worked well. However, you might find all-through environments with specialist SEND support, like Heathfield Knoll, are the right choice for your child as transitions are much smoother and more familiar.

Funding and transport

Schools will usually receive SEND funding to support children with EHCPs – and in some cases, local authorities will provide funding to independent schools too. You can ask how much funding your child’s place attracts, though schools don’t always share exact figures. The local authority can also provide additional funding for more complex needs.

Apply for SEND home to school transport if your child cannot travel independently. Applications usually need supporting evidence about why your child needs this service. The local authority assesses eligibility based on distance, age and your child’s specific needs.

You can also check your local area for information about support groups available in your area. These services can help during school holidays and provide respite for families.

Frequently asked questions

There are a lot of factors to consider when choosing a school for your child who has an EHCP. Understanding your legal rights and the practical steps involved helps you make informed decisions about your child’s education. Here, we address some of the most commonly asked questions around choosing a school for children with EHCPs.

What factors should I consider when deciding between a mainstream school and a special school for my child?

The factors you should consider when choosing a school for your child with an EHCP include your child’s specific needs and how different settings can meet them. Consider whether your child benefits from smaller class sizes, specialist teaching methods or on-site therapies that special schools often provide.

Look at your child’s social and emotional wellbeing too. Some children thrive in mainstream settings with support, while others feel more comfortable in specialist environments.

Your child has a legal right to mainstream education unless it doesn’t meet their needs or conflicts with efficient education for others and no reasonable steps can prevent this. Think about whether your child needs access to specialist resources or equipment that might only be available in certain settings.

Some schools offer mixed environments. Heathfield Knoll offers a specialist SEND provision in its Connect Centre, with specially designed resources for children with additional needs. Children can either be based in Connect, or they can integrate with the main school, depending on their needs and comfort levels.

How can I check whether a school can meet my child’s special educational needs and provide the right support?

To understand whether schools can meet your child’s needs, you should visit schools in person to see their facilities and observe how staff interact with pupils. Ask to speak with the SENCo (Special Educational Needs Coordinator) or other designated SEND staff about how they would support your child’s specific needs.

Request information about staff training and expertise. Find out if teachers have experience working with children who have similar needs to your child. In schools with specialist SEND provision like Heathfield Knoll, trained staff are a given.

Ask about the therapies available on-site, such as speech and language therapy or occupational therapy. Check whether these are built into the school day or provided separately.

Look at the school’s recent reports. For state schools, this will be their Ofsted report, while you can review ISI and Good School Guide reports for independent schools. These documents should explain how the school supports children with additional needs.

What are my rights to express a preference for a particular school, and when can a local authority refuse it?

When you receive a draft EHC plan, you have the right to request a specific school. The local authority must give you at least 15 days to make your request.

Your local authority can only refuse your request for three specific reasons. They must prove the school is unsuitable for your child’s age, ability, aptitude or special educational needs. They can also refuse if your child’s attendance would be incompatible with efficient education for others or with efficient use of resources.

A school being full is not a lawful reason for refusal. If your local authority refuses your request, they must name a school they consider appropriate for your child.

Even if the local authority lawfully refuses your initial request, they still must consider your wishes and feelings when choosing an alternative. You can appeal to the SEND Tribunal if you disagree with the final school named in the plan.

How do I compare schools’ SEND provision, accessibility and therapies when making a decision?

You should create a list of your child’s specific needs from their EHC plan. Use this to compare how different schools would address each requirement.

Ask each school how they would deliver the provision described in section F of your child’s EHC plan. Some schools provide therapies on-site during the school day, while others arrange external appointments.

Check the physical accessibility of buildings and outdoor spaces. Consider whether your child needs wheelchair access, sensory rooms or quiet spaces for breaks.

Compare staff-to-pupil ratios and the availability of teaching assistants. Find out how schools group children and whether your child would receive small group or one-to-one support.

Look at what additional equipment or resources schools have available. Some settings offer specialist technology, sensory equipment or adapted learning materials.