If your child has, or is applying for, an Education, Health and Care Plan (EHCP), you have a legal right to ask the Local Authority (LA) to name a particular school in it, including Elevated Futures Education. This guide explains that right in plain English, what it means for you and your child, and gives you a sample letter to get started.
This page is general information, not legal advice. Every EHCP is different, so if you are unsure of your own situation, see the "Where to get further help" section below.
Under Section 38(3) of the Children and Families Act 2014, when the LA sends you a draft EHCP (or a draft amended plan at an annual review), you can request that a specific school, academy, college or approved independent/non-maintained special school is named in Section I of the plan.
Once you make that request, under Section 39(4) the LA must name the school unless at least one of these applies:
This is sometimes called a "qualified duty", it isn't absolute, but the bar for the LA to refuse is genuinely high, and they must be able to evidence it.
An EHCP sets out rights for both you as a parent or carer, and for your child directly.
Name a preferred school when the draft plan is issued, request an early annual review, appeal a refusal to the SEND Tribunal, and be consulted at every stage of the process.
The EHCP is an entitlement that belongs to your child, not an obligation on you. Their views, wishes and feelings must be actively sought and recorded, and the named school must be funded and provision delivered in full.
The LA must give clear, evidenced reasons under Section 39(4). You can challenge this through mediation or by appealing to the First-tier Tribunal (SEND).
You don't have to wait for the annual review, you can request a school is named whenever a draft or draft amended plan is issued, including at an early review.
A straightforward, step-by-step route through the process.
The right to name a school applies when the LA sends you a draft EHCP, or a draft amended plan following a review.
Write to the caseworker named on the plan, stating clearly which school you want named in Section I. Use the sample letter below as a starting point.
Contact our office, we can provide information about how we can meet your child's needs, and confirm we have (or can offer) a place, which supports the LA's consultation.
Explain, where you can, why this school is right for your child, referencing their needs in Sections B and F of the plan, not just a general preference.
Respond within the timeframe given on the draft plan (usually 15 calendar days) so your request is considered as part of that draft.
Any refusal must set out which Section 39(4) reason applies. You can request mediation, or appeal to the SEND Tribunal within two months of the final plan.
Adapt this template to your own circumstances and your child's needs before sending it.
[Your name]
[Your address]
[Date]
[SEN Caseworker name]
[Local Authority SEND Team]
[LA address]
Re: [Child's full name], DOB [date of birth], EHCP reference [reference number if known]
Dear [Caseworker name],
I am writing further to the draft Education, Health and Care Plan for [child's name], received on [date]. Under Section 38(3) of the Children and Families Act 2014, I am requesting that Elevated Futures Education is named as the school in Section I of [child's name]'s EHCP.
I believe Elevated Futures Education is able to meet [child's name]'s needs as set out in Sections B and F of the draft plan, in particular [briefly note relevant needs/provision, e.g. "their need for a highly structured, individualised curriculum delivered through the Dynamic Development Plan approach"]. [Optionally add: I understand the school has confirmed it can offer a place / I have visited the school and believe it is suitable, because...]
Under Section 39(4) of the Act, I understand the Local Authority must name this school unless it is unsuitable for [child's name]'s age, ability, aptitude or needs, or would be incompatible with the efficient education of others or the efficient use of resources. I do not believe either exception applies here, and would welcome the opportunity to discuss this further if the Local Authority disagrees.
Please could you confirm receipt of this request and let me know the next steps and timescales. I look forward to hearing from you within the statutory timeframe.
Yours sincerely,
[Your name]
[Contact telephone number]
[Email address]
These independent, free services specialise in EHCP and SEND rights and can support you further:
Our team is also always happy to talk this through with you, see Key Contacts to get in touch.
Seven key points from the SEND Code of Practice and the Children and Families Act 2014, at a glance.
Once a school is written into Section I of an EHCP, the Local Authority must secure that placement. This is not a preference on paper, it is a statutory duty.
Once a plan is finalised, provision should begin without unnecessary delay, not "once funding is sorted" or once administrative processes catch up.
Local Authorities cannot lawfully delay a placement or provision while internal budgets, panels or funding processes are resolved. Your child's education comes first.
Arranging the agreed school place is the LA's statutory duty under the Children and Families Act 2014. This duty is enforceable in law.
Section F sets out the specific provision your child is entitled to. If it is written into the plan, it must be delivered in full, not partially, and not "when possible".
The law requires timely action at every stage of the EHCP process. Unreasonable administrative delay is unlawful, not simply inconvenient.
Your views carry legal weight throughout the process. You are not a passenger in your child's EHCP, you are a decision-maker.