Section I: choosing and challenging an EHCP placement
Section I names the school, college or other institution, or the type of placement where appropriate. Parents and eligible young people have statutory request rights for specified institutions. The authority must consider suitability and the legal exceptions; the decision should be connected to the needs in B and provision in F.
Practical guidance for families in England
Use the draft stage to make your request
Section I should be blank in the draft. You must have at least 15 days to make representations and request a placement. State the institution clearly, explain why it can meet the identified needs and provision, and provide relevant evidence. The applicable legal route depends partly on the type of institution requested.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Understand the statutory exceptions
For a qualifying requested institution, the authority must apply the statutory test, including suitability for age, ability, aptitude or SEN and incompatibility with the efficient education of others or the efficient use of resources. These are legal questions requiring evidence. A statement that a school is full does not by itself explain the complete analysis.
Compare placements against the same requirements
Use a needs and provision checklist for each option: curriculum access, communication support, staff expertise, sensory environment, therapies, personal care, preparation for adulthood and transport implications where relevant. Distinguish confirmed provision from general prospectus statements. Record visits and discussions accurately.
Gather evidence for a placement dispute
Keep the plan, professional reports, consultation responses and the authority’s reasons. Identify what the proposed placement can or cannot deliver and why that matters. Cost evidence may be relevant, but comparisons need like-for-like provision and careful advice where disputed. A private report is useful only if it answers a material question.
Plan continuity while the dispute is resolved
Ask what education and specified support will be available in the meantime. Keep attendance, exclusion and non-delivery issues documented. An appeal does not itself create an interim placement arrangement. Seek timely advice where the child is without suitable education or a transfer date is approaching.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
Check the appeal scope
A final placement decision may be appealable. An appeal solely about the school or institution or type named in I is exempt from the usual mediation-advice requirement. If B or F is also disputed, check the different requirements. Do not narrow an appeal merely to avoid mediation advice if needs or provision also require change.
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Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
Frequently Asked Questions
Does an EHCP guarantee the school I prefer?
No. Request rights are important, but the authority and, on appeal, the tribunal must apply the relevant statutory tests.
Should a draft already name a school?
Section I should be left blank in the draft so that the parent or young person can make the relevant placement representations.
Do I need a mediation certificate for an I-only appeal?
There is an exception from obtaining mediation advice for an appeal solely about the school, institution or type specified in I. Check the exact scope of your appeal.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.