Complaining when an LA refuses to consider the school you want in your EHC plan (template letter)

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Complaining when the LA will not consider the school or college you want named in your draft EHC plan: Model letter 14

All of the parts of this letter in bold will need to be changed or deleted so that they are relevant to your situation.

___________________________________________________________________

[Your address and contact details]

[Name of LA officer dealing with EHC plan]

[Name of local authority]

[Address of local authority]

[If you know the email address of the LA officer also send by email and add here:]

And by email to: [insert email address]

[Date]

Dear [Sir or Madam],

[Child or young person’s name], DoB [date of birth]: Request for [name of school/college] to be named in EHC plan

I am writing [as the parent of the above child / on behalf of the above young person] in respect of the draft education, health and care (“EHC”) plan which we have received.

We have expressed a preference for [name of school/college], and want this to be named in the final EHC plan. However, we have been told that [describe the response you were given – if the local authority refused to consult with the school, told you the school was full without giving any further reasons, told you that they could not name a school outside your home LA, etc.].

We understand that under the Children and Families Act 2014, your authority must consult with this school and, after consulting, make the decision about whether to name this school [[if the school/college is in a different local authority add:] even though the school is in a different local authority].

We also understand that you are under a legal duty to name [name of school/college] in the final EHC plan unless you can show that it is unsuitable to [child or young person’s name]’s needs, that [his/her] placement there would be incompatible with the education of other children, or that there would be an inefficient use of resources. We do not believe that any of these conditions would arise if [child or young person’s name] were to go to [name of school/college] and we ask you to set out in writing which conditions you believe would arise and to provide us with your reasons and evidence for believing this.

We understand there will be a right of appeal when the EHC plan is finalised and we hope it will not be necessary to exercise that right of appeal.

Yours faithfully,

[Your name]

[Or if on behalf of a young person:]

[Your name] on behalf of [name of young person]