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How the Local Authority identifies a school for children and young people with an EHCP

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Having an Education, Health and Care Plan (EHCP) and engaging in consultations with schools can at times feel overwhelming. The outline below has been developed to provide a parent-friendly guide, with the aim of demystifying the process and supporting parents and carers to make informed decisions. At the centre of any discussions should always be the case coordinator of your child or young person, who is there to guide and support you. Ali McClemont, a Deputy EHCP Service Manager, explains here how the Service hopes the information will also help you feel more confident and informed throughout the process.
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EHCP School Consultation Process

When consultation happens

The Local Authority (LA) consults schools when creating or reviewing an EHCP, during school transitions, if you request a change, move into the area, or if the current placement has broken down.

Expressing a preference

You can express a preference for a school (mainstream, special, academy, college, or approved independent). A search of your local schools can be made on Gloucestershire's Local Offer website, Support for Families with SEND or on the government website Get Information about Schools - GOV.UK and contacting your local education setting to arrange a visit is also advisable. The LA must usually agree unless legal exceptions apply.

If you don’t choose a school

That’s okay, the LA will identify a suitable option, typically starting with local mainstream schools.

What consultation involves

The LA sends the draft EHCP and supporting reports to schools, asking if they can meet your child’s needs. Schools have 15 days to respond.

School responses

Schools advise but do not make the final decision.

Common reasons like “we’re full” or “we lack funding” are not lawful refusals.

If appropriate, the LA can direct a school to admit your child.

If a school doesn’t respond, the LA can still name it.

How the LA decides

Your preferred school must be named unless:

  • It’s unsuitable for your child’s needs
  • It would negatively affect other pupils
  • It’s not an efficient use of public funds
Mainstream education

Children have a right to mainstream education where possible. Schools must make reasonable adjustments and can access specialist support.

Timelines

The EHCP must be finalised within legal deadlines, even if placement discussions are ongoing.

If you disagree

You can request mediation or appeal to the SEND Tribunal after the final EHCP is issued.

Key takeaways
  • You can request a school.
  • Schools can’t refuse without valid legal reasons.
  • The LA makes the final decision.
  • Plans are finalised on time.
  • You have the right to challenge the named placement.

The EHCP Service is producing a leaflet with more detail, which will be available along with more information on the 'EHCP and EHCNA' pages on Gloucestershire's Local Offer website, Support for Families with SEND .