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• 03 Jul 2026

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Can't answer yes or no.:

Ms Hartill,

There are two slightly different points here.

An LA may ultimately refuse to change the school named in Section I of an EHCP, but only if it applies the correct legal test. What it should not do is simply refuse to consult a valid requested setting because it does not want to change the placement.

A parent can ask the local authority at any time to consider changing the school named in an EHCP. However, asking for a move is not the same as being entitled to an immediate change of placement. The school named in Section I remains the placement the local authority is responsible for arranging unless and until the EHCP is amended.

In practice, a parent can raise the issue at the statutory annual review of the EHCP, ask the local authority to bring forward an early review, request a re-assessment if the child’s needs or circumstances have changed significantly, or make representations when the local authority issues a draft or amended draft EHCP.

An EHCP can also be amended without a review or re-assessment. Regulation 28 of the Special Educational Needs and Disability Regulations 2014 allows a local authority to propose amendments at any time, but it must then follow the amendment process. The SEND Code says the parent or young person must be given at least 15 calendar days to comment and make representations, including requesting a particular school or other institution to be named.

Where, as part of an amendment, review, re-assessment or draft-plan process, a valid request is made for a maintained school, academy, free school, non-maintained special school, further education or sixth-form college, or an approved section 41 independent special school or college, the local authority must consult the setting before deciding whether to name it.

The local authority must then name the requested setting unless one of the statutory exceptions applies. Those exceptions are that the school or college is unsuitable for the child or young person’s age, ability, aptitude or special educational needs; that attendance would be incompatible with the efficient education of others; or that attendance would be incompatible with the efficient use of resources.

There is a separate point where mainstream education is sought. Section 33 of the Children and Families Act 2014 gives a distinct statutory preference for mainstream education. In broad terms, mainstream education must be secured unless it is against the wishes of the parent, or the young person, or unless it would be incompatible with the efficient education of others and that incompatibility cannot be avoided by taking reasonable steps.

So, in short: the LA can refuse the requested change if the legal test is met, but it should not simply ignore the request or refuse to consult where the consultation duty is engaged. If the LA will not act, the parent should ask for a clear written decision and reasons. Depending on where matters have reached, the route may be an annual review, re-assessment request, amendment request, complaint about process failure, or an appeal to the SEND Tribunal once there is an appealable decision.

In some appeals, the parent or young person must first contact a mediation adviser and obtain a certificate. However, that requirement does not apply where the appeal is solely about the school or type of school named, or the fact that no school is named.

This is general information about the law in England and is not case-specific legal advice.

Best wishes,

Sean Kennedy



Sean Kennedy

03 Jul 2026

This is helpful

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