Rulebook · Decision or problem

We disagree only with the school, college or type of placement in section I, or that none is named

An appeal only about section I can be made without a mediation certificate. This covers the school or college named, the type of school or college, and a plan that names none. Mediation is still available if wanted. The appeal must reach the Tribunal by 5pm on the last day. That is 2 months after the final or amended plan was sent.

No mediation certificate is needed for an appeal only about section I. If the appeal also covers needs (B) or provision (F), a certificate is needed: see the issue about plan content. If the parent or young person asked for a particular school or college, the council must name it unless it is unsuitable for the child or young person's age, ability, aptitude or SEN, or their attendance would be incompatible with the efficient education of others or the efficient use of resources. That rule covers the kinds of school and college listed in section 38(3): maintained schools and nursery schools, academies, further education colleges, non-maintained special schools, and independent schools and colleges approved under section 41. For other independent schools, a different rule applies. The council must have regard to the general principle that pupils are educated as their parents wish, so far as that fits with efficient education and avoiding unreasonable public spending (Education Act 1996 section 9). If the council does not name the school or college asked for, or none was asked for, the Act says the plan must provide for a mainstream school or college. The exceptions are where that is against the wishes of the parent or young person, or incompatible with the efficient education of others. The council can rely on the second only if it shows that no reasonable steps would prevent it. A request for education otherwise than in a school or college (section 61) is normally raised in an appeal covering section F (the special educational provision), as well as section I. An appeal that covers section F is not only about the school or the type of school, so a mediation certificate is needed (s 55(2) and (3)).

Appeal right: yes, an appeal to the SEND Tribunal (Children and Families Act 2014, s 51(2)(c)(iii) and (iv)).

Ways to take this further

Listed in the order the rules give them. The order is not a ranking.

• Appeal to the SEND Tribunal
• Asking the Tribunal for health and social care recommendations (extended appeal)
• Mediation with the council
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• Formal complaint to the council

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

issue.disagree_school_named

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 39(4)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(c)(iii)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(c)(iv)Law (Act or Regulations)
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• Children and Families Act 2014, s 38(3)Law (Act or Regulations)
• Education Act 1996, s 9Law (Act or Regulations)
• Children and Families Act 2014, s 33(2)Law (Act or Regulations)
• Children and Families Act 2014, s 33(3)Law (Act or Regulations)
• Children and Families Act 2014, s 33(4)Law (Act or Regulations)
• Children and Families Act 2014, s 61Law (Act or Regulations), to verifyOpen: no statute or Upper Tribunal decision read so far says a request under s 61 can be raised only in an appeal that includes section F, and whether an appeal confined to section I could lead to education otherwise than in a school being specified is unsettled. AM and SP v Wokingham [2026] UKUT 327 (AAC), reported to have dealt with s 61 under the section I ground of an appeal about sections B, F and I, has not been read and is not cited.
• Children and Families Act 2014, s 51(2)(c)(ii)Law (Act or Regulations)
• London Borough of Camden v KT [2023] UKUT 225 (AAC), para 28Case law, to verifyStill to confirm the citation and the holding at para 28 (UTJ Jacobs). It was decided "on the evidence in this case" and does not say which part of the plan must be appealed to ask for education otherwise than in a school.

Related

• Last day to appeal to the SEND Tribunal
• Section I (school, college or other placement)
• Final EHC plan
• Naming a school or college in the plan
• Asking for a school, and the exceptions (section 39(4))
• The presumption of mainstream education (section 33)
• Decisions that can be appealed to the SEND Tribunal

See the ways to challenge

The whole rulebook