Explain

Naming a school or college in the plan

When a draft plan or proposed amendments are sent, the parent or young person has a right. They can ask for a particular school or college to be named in Section I. This right covers maintained schools and nurseries, academies, further education colleges, non-maintained special schools, and independent schools and colleges on the section 41 list. The council must consult the school or college asked for. A school or college of these kinds that is named in a plan must admit the child or young person.

The council must name the school or college asked for unless one of the exceptions in section 39(4) applies. If no request is made, or an exception applies, the council names a school, college or type it thinks right, and the mainstream presumption applies. A school that is not on the list, such as most independent schools, can still be asked for. The council then considers the request under different rules, including section 9 of the Education Act 1996. The Code of Practice says a school or college the council consults should respond within 15 days.

Type of rule

Law (Act or Regulations)

Rule id

naming_a_school

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 38(2)Law (Act or Regulations)
• Children and Families Act 2014, s 38(3)Law (Act or Regulations)
• Children and Families Act 2014, s 39(1)Law (Act or Regulations)
• Children and Families Act 2014, s 39(2)Law (Act or Regulations)
• Children and Families Act 2014, s 39(3)Law (Act or Regulations)
• Children and Families Act 2014, s 40(2)Law (Act or Regulations)
• Children and Families Act 2014, s 43Law (Act or Regulations)
• Education Act 1996, s 9Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.80Code of Practice: must (restates the law)
• SEND Code of Practice 2015, school or college to respond within 15 days, para 9.83Code of Practice: should (follow unless there is a good reason not to)

Related

• Asking for a school, and the exceptions (section 39(4))
• The presumption of mainstream education (section 33)
• The section 41 list (approved independent schools and colleges)
• Independent and non-maintained special schools
• Parents' wishes and public spending (Education Act 1996, section 9)
• Section I (school, college or other placement)
• Decisions that can be appealed to the SEND Tribunal

In an assistant, the ehcp_next_steps tool helps with this: EHCP next steps.

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