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LITTLE NELLIES

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.

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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 an institution covered by the statutory request right, the authority must name it unless it is unsuitable for the child or young person’s age, ability, aptitude or SEN, or attendance would be incompatible with efficient education for others or efficient use of resources. These exceptions require evidence. A statement that a school is full does not by itself explain the statutory 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.

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.

When additional advice may help

Before seeking additional help, write down the decision or wording in dispute, the evidence already available and the deadline. Ask whether you need an explanation of the process, help presenting your evidence, a professional assessment or legal advice. Agree the task and any fee before commissioning work.

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.

EHCP support from Little Nellie’s

draft EHCP review support

EHCP evidence pack

SEND Tribunal preparation support

complete guide to EHCP applications and appeals

Little Nellie’s EHCP support prices

Official sources and EHCP services

Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contentsSEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decisionFree SEND guidance — https://www.ipsea.org.uk/The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.

Children and Families Act 2014

SEND Code of Practice

appeal an EHC plan decision

SEND35 appeal form

SEND35A refusal to assess appeal form

Record the next action and who will take it

Record the next task, the person responsible, the deadline and the document confirming it. Keep a copy of anything sent and any acknowledgement. If an agreed action does not happen, use that record to explain what is missing and ask for a dated response.

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 prepare before seeking advice?

Prepare the relevant request, decision letter or plan, a short list of the issues, the key evidence and any deadline. State the question you need answered and the action you have already taken. Ask how documents should be shared before sending sensitive records.

Does this guide apply outside England?

This guide concerns EHCPs in England. Wales uses the additional learning needs (ALN) system and individual development plans (IDPs); use Welsh Government guidance for that process. Scotland and Northern Ireland also have separate systems.

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