Your legal right to express a preference

Under Sections 38 and 39 of the Children and Families Act 2014, when Leicestershire Council is finalising an EHCP, you have the right to express a preference for any school - mainstream, academy, free school, non-maintained special school, or independent school. The local authority must comply with your preference unless the school is unsuitable for your child's age, ability or aptitude; the attendance would be incompatible with the efficient education of other children; or it would be an inefficient use of resources. These are narrow exceptions - the burden is on Leicestershire Council to prove one of them applies.

Mainstream with support vs specialist provision

There is no one-size-fits-all answer. Some children thrive in mainstream schools with the right EHCP provision (specialist teaching, therapy, adult support, adaptations). Others need a specialist school where smaller class sizes, specialist staff, and adapted curricula are the norm. Your decision should be based on what's right for your individual child - not on cost, not on convenience, but on where they will best be able to access education and achieve the outcomes in their EHCP. Visit schools, talk to other parents, and trust your knowledge of your child.

Fighting the cost argument

Leicestershire Council will sometimes argue that a mainstream placement with support is cheaper than a specialist school. But the law is clear: cost alone is not a valid reason to refuse your preference. The test is whether the school can actually meet your child's needs as specified in the EHCP. If the mainstream school cannot provide what your child needs, the "cost" or "efficiency" argument fails. This is where the SEND Tribunal regularly rules in favour of parents - they understand that the child's needs come before the budget.

Independent schools and non-maintained provision

You can express a preference for an independent or non-maintained special school if it's the right fit for your child. Yes, these are often more expensive - which is why Leicestershire Council may resist. But the test remains the same: can the LA's preferred school meet your child's needs? If not, cost becomes irrelevant. Many parents successfully secure independent school placements through the SEND Tribunal by demonstrating that the child's complex needs require specialist provision that Leicestershire Council's preferred school cannot provide.

What to do if ${b} refuses your preference

If Leicestershire Council names a different school from your preference, you have the right to appeal to the SEND Tribunal. You'll need evidence: detailed professional reports (EP, SALT, OT, CAMHS), the SEND information report from both schools, evidence of your child's needs and why your preferred school can meet them better, and your own account of why that school is right. The Tribunal will consider whether your preferred school can meet the needs in the EHCP and whether the LA's chosen school can. EHCP Expert helps you build this case.