Parental preference
When an EHC plan is being written, you can ask for a school by name. The council must name that school unless the law gives it a narrow reason not to.
Applies in England
When your local council sends you a draft EHC plan Draft EHC plan The first version of an EHC plan, sent to you to check before it is made final. You get at least 15 days to comment and to ask for the school you want. Read the full definition of Draft EHC plan , you have 15 days to ask for the school or college you want, including many special and independent schools. The council must then name your choice in the plan unless the law lets it refuse. The legal grounds are narrow: the school would be unsuitable for your child's age, ability, aptitude or needs, or naming it would harm the education of other children there, or would not be an efficient use of the council's money.
Parents are often told a school is full. Being full is not automatically the end of it: the council still has to show one of the legal grounds applies. If you disagree with the school named in the final plan, you can appeal Appeal A formal challenge to the SEND Tribunal about a council's EHC decision. It is free to bring, and you do not need a lawyer. Read the full definition of Appeal to the SEND Tribunal SEND Tribunal If the council says no, you can appeal to the SEND Tribunal. It is separate from the council, and it can order them to assess your child or to change an EHC plan. Read the full definition of SEND Tribunal .
The law itself calls this a request for a particular school. Parental preference is the everyday name professionals use for the same thing.
Related words
Where this comes from
- Children and Families Act 2014, section 39 , legislation.gov.uk, Children and Families Act 2014 s.38 and s.39. Checked 2026-08-14.
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