Your right to choose

Under Section 38-39 of the Children and Families Act 2014, when a local authority is finalising an EHCP, you have the right to express a preference for any school - maintained, academy, free school, non-maintained special school, or independent school. The LA must comply with your preference unless: the school is unsuitable for your child's age, ability, or aptitude; attendance would be incompatible with the efficient education of other children; or it would be an inefficient use of resources.

Mainstream vs specialist

There is no one-size-fits-all answer. Some children thrive in mainstream with the right support. Others need the specialist environment, smaller classes, and expert staff that only a specialist school can provide. What matters is what's right for your child - not what's cheapest for the LA. Visit schools, talk to other parents, and trust your instincts.

The "cost" argument

Local authorities frequently argue that a mainstream placement with support is cheaper than a specialist school. But the law says the LA must consider whether the school can actually meet your child's needs - not just whether it's cheaper. If the mainstream school cannot provide what your child needs, the "efficient use of resources" argument fails. The Tribunal regularly rules in favour of parents on this point.

Independent and non-maintained schools

You can request an independent or non-maintained special school if it's right for your child. These are often more expensive, so LAs resist - but the test is the same: can the LA's preferred school meet your child's needs? If the answer is no, the cost becomes irrelevant. Many parents successfully secure independent school placements through the Tribunal.

What to do if the LA says no

If the LA names a different school from your preference, you have the right to appeal to the SEND Tribunal. The Tribunal will consider whether your preferred school can meet your child's needs, and whether the LA's chosen school can. You'll need evidence: reports from professionals, the schools' SEND information reports, and your own account of why your preferred school is right for your child. EHCP Expert can help you build your case.