Why Should I Not Just Appeal Section I?

I am only unhappy with the school named in Section I so surely, I can just appeal Section I?  

No, you must appeal Section B (needs), F (provision) and I (school placement) if you are not happy with the school named, not just Section I.  The reason is simply because:

Section I in an EHCP must name the parental preference school unless one of the following applies:

1. The setting is unsuitable for the child's age, ability, aptitude, or special educational needs.

2. The child's attendance would negatively impact the efficient education of other children.

3. The placement would result in an inefficient use of local resources.

Number 3 means that the LA must name the most cost efficient (cheapest) school that can meet your child’s needs. Meeting your child’s needs means providing the provision set out in Section F of the EHCP.

Because provision must be specified to meet each and every need in Section B, if the wrong school is named in the EHCP it is almost always due to deficits in Sections B and F.

If there are needs missing in B, there will be provision missing in F and the wrong school will be named in I.

If you are not happy with the school named in Section I of your child’s EHCP, you will need to evidence that:

1. There is provision specified in F that the school the LA named cannot provide.

2. There are needs and provision missing from Sections B and F and once added, the named school will not be able to provide the provision.

3. There is a cheaper school that can provide all of the provision in Section F.

Remember, you will need to evidence this using written professional evidence. 

In almost all successful school placement Tribunal appeals, parents must:

• Appeal Section B, F and I.

I Am Not Happy With The School Named In My Child’s EHCP. What Can I Do?

• Provide evidence on the needs and provision missing in Section B and F.

  
  

• Use the Working Document process to change Sections B and F of the EHCP so all needs are specified and all necessary provision is lawfully specified and quantified.

Working Documents: What are they and How to Edit them as a Parent

• Evidence that their preferred school is the only school that can provide the provision set out in the Working Document. or that their preferred school is the cheapest school that can provide the provision set out in the Working Document.

Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me? 

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