Giving a preference for a setting with an EHC Plan

If a child or young person has an EHC Plan you have a legal right to request that a particular setting is named in Section I. This includes a preference for an independent school, college or other institution.

The setting's response to the consultation

Settings must respond to the consultation within 15 days. They must say if they can or can not meet a child or young person’s needs, and the reasons for this.

The settings reasons must be in line with the SEND Code of Practice 2015, for example

  • The setting is unsuitable for the age, ability, aptitude or special educational needs (SEN) of the child or young person
  • The attendance of the child or young person would be incompatible with the provision of efficient education for others
  • The attendance of the child or young person would be incompatible with the efficient use of resources.

The SEN Team have to consider the comments of the setting before deciding to name it in the EHC Plan.