Rulebook · Local authority letter

Refusal to name the school or college requested

This letter says the council will not name the school or college you asked for. For the schools and colleges listed in the Act, the council must name the one requested unless it is unsuitable for the child or young person, or attending would not fit with providing efficient education for others or the efficient use of resources. The check looks for which ground is given and the reasons.

Plenda checks 12 things in a letter like this. None of them is required by law for this letter: all 12 are good practice. Section 39 covers requests for the kinds of school or college listed in section 38(3): maintained schools and maintained nursery schools, academies, further education colleges, non-maintained special schools, and independent special schools and specialist colleges approved under section 41. A request for any other school or college is not covered by section 39. For a child, the council must still have regard to the general principle in section 9 of the Education Act 1996: children are to be educated in line with their parents' wishes, as far as that fits with efficient teaching and training and avoids unreasonable public spending. If the refusal comes with the final plan, the items the law requires in that notice also apply. If the refusal comes with an amended plan, the items the law requires in that notice also apply. Plenda does not say what effect a gap in a letter has on the decision. A gap can still matter: it can be raised with the council or in a complaint and, where the decision can be appealed, it may be relevant to a late appeal, because the Tribunal decides whether to accept one. This check compares the text supplied with what the law requires in a letter like this, and with good practice. It does not judge whether the decision itself is right.

What a letter like this includes

• Which school or college was requestedGood practice. Not required
• Which ground in section 39(4) the council relies onGood practice. Not required
• The reasons for the decisionGood practice. Not required
• What the plan will name instead (another school or college, or a type of school or college)Good practice. Not required
• That the requested school or college was consulted, and what it saidGood practice. Not required
• If a mainstream place was wanted: how the mainstream rule in section 33 was consideredGood practice. Not required
• The right to appeal to the SEND Tribunal (the First-tier Tribunal, Special Educational Needs and Disability)Good practice. Not required
• The time limit for appealing (2 months from the date the decision was sent, or 1 month from the mediation certificate if that is later)Good practice. Not required
• That an appeal only about the school or college named (section I) does not need a mediation certificateGood practice. Not required
• That information and advice about special educational needs is available (for example from the local SENDIASS)Good practice. Not required
• The date of the letterGood practice. Not required
• A named person at the council to contact, with a phone number or emailGood practice. Not required

Type of rule

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

Rule id

notice.refusal_of_requested_school

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 39(3)Law (Act or Regulations)
• Children and Families Act 2014, s 39(4)Law (Act or Regulations)
• Children and Families Act 2014, s 39(5)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations)
• Children and Families Act 2014, s 38(3)Law (Act or Regulations)
• Children and Families Act 2014, s 41Law (Act or Regulations)
• Education Act 1996, s 9Law (Act or Regulations)
• SEND Regulations 2014, reg 14(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 22(5)Law (Act or Regulations)

Related

• We disagree only with the school, college or type of placement in section I, or that none is named
• Last day to appeal to the SEND Tribunal
• Final EHC plan and the notice sent with it
• Final amended plan, or decision not to amend

Check a letter

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