This information applies to England.
Wales has a different process to England. They have an Individual Development Plan (IDP), reviewed at least once a year.
Individual Development Plan (SNAP Cymru)
A final Education, Health and Care Plan (EHCP) must name a school or type of provision. This means that the local authority must fund your child's place at that school. EHCPs are also known as EHC plans.
This can be outside your local authority, if you can show that it is the only school that can meet the needs in your child's EHCP.
Government guidance on maximum travel times is:
These times are for guidance only. They will depend on your child’s individual needs and circumstances.
Your local authority will only let your child travel further under exceptional circumstances. For example, if your child has very specific needs and these are in their EHCP.
The local authority might consider residential education instead.
Speak to your child's teacher or Special Educational Needs Co-ordinator (SENCO) about the support your child gets at their current school. Someone from your local authority's information and advice service can go with you. This is usually called a SENDIASS.
Your service may have a different name, such as:
Find your local SENDIASS service (Council for Disabled Children)
You may find out information that might help you move your child to the new school. Check your child's EHCP. Make notes on:
The EHCP must have either the name of a specific school or the type of provision. It cannot be left blank in the final EHCP.
In some cases, your child’s school may say they cannot meet your child's needs. The SENCO may support you to find the best type of school or provision for your child.
You can ask for a specific school:
To get a school named in an EHCP, you must prove that your child's school:
It is important to work with your SEN officer at the local authority as well as your child’s current school placement. Once you (or the local authority) have identified an alternative school, the local authority will consult with them to see if they can meet your child’s needs based on the EHCP.
The consultation process also applies to independent schools. Many will also operate their own admissions process.
What sections should an EHC plan have? (IPSEA)
Your local authority will look for schools that can meet your child's needs inside its area. You will need to show that the school outside the local authority can meet the needs in your child's EHCP.
If the new school is not in your local authority, you will need to prove that no other school in the local authority could provide the support in your child's EHCP.
The local authority may make an exception if:
You can ask for a school to be named in an EHCP when you get a draft EHCP or a notice of amendment as part of a review.
You can ask for an early review. You do not need to wait for your annual EHCP review. You can ask someone to go with you to your review meeting. This includes someone from your SENDIASS.
After the review meeting, you will need to show why:
Written evidence will make your case stronger.
Schools and local authorities will have their own procedures and names for things. Check:
You can ask for a specific school when you get either:
If the new school is not in the final plan, you can appeal. This is also known as the First-tier Tribunal or SENDIST.
To start a formal legal appeal, you will need to follow the local authority’s procedures.
You can also consider the local authority's approved SEND mediation service. You can find the contact details on the letter sent with the final EHCP. This will tell you about your right to appeal.
You can take someone to support you in the mediation meeting. If mediation does not work, you can then appeal to the Tribunal. This is a legal process.
First-tier Tribunal, Special Educational Needs and Disability (GOV.UK)
Every local authority has an information and advice service. They should be able to help you build a case. They are usually called a Special Educational Needs and Disabilities Information Advice and Support Service (SENDIASS).
If you pay for a solicitor or other legal help, your local SENDIASS would hand your case over to them. Whoever helps you prepare your case, you would usually represent yourself at the tribunal hearing.
Contact, the charity, runs an information and advice helpline
Most people get help preparing their case but represent themselves in the SEND Tribunal hearing.
Some SENDIASS workers may support you in the hearing, but they cannot represent you.
Finding free or affordable legal help (Citizens Advice)
The local authority may argue that a different, nearer school can meet your child's needs. You would need to show that your preferred school is the only place that could provide the support in your child's EHCP. You would need to show how your child's needs relate to all or some of these 4 areas:
SEND Code of Practice (GOV.UK)
Try to show how your child's condition might affect more than one area. For example, sensory impairments can affect communication and cognition.
SEN and disability statute law, regulations and guidance (IPSEA)
Help the old school and the new school to share information. This will help the new school to support your child's needs.
The old school could make a profile of your son or daughter with:
Share any information that will help the new school to understand your child. This includes their EHCP and any other reports that you think might help.
Start talking about how accessible the school is and the kinds of adjustments that the school might be able to make. For example, having all classes on the ground floor if your child cannot access classrooms on other floors.
You could also arrange for staff to meet you and your child and talk about what they need.
For example:
You may need to meet your child's teacher and other members of staff. An early EHCP review may also help. You will need to ask for an early review.
Last reviewed by Scope on: 30/07/2024
Was this page helpful?
Great!
Tell us how it helpedWe're sorry to hear that.
Tell us how we can improve it