Stage 2 · If it names a different school
The EHCP names a different school
You can appeal the school named in the EHCP. You have two months from the date on the final EHCP.
The Local Authority can only refuse the school you asked for if:
- It isn't suitable for your child.“unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned”
- It would disrupt the education of other children.“incompatible with the provision of efficient education for others”
- There is a less expensive way of delivering the support your child needs.“incompatible with the efficient use of resources”
Children and Families Act 2014, section 39(4)
Their letter should say which.
The deadline: you have two months from the date on the Local Authority's letter to appeal to the tribunal — or one month from your mediation certificate, if that is later.
If your appeal is only about the school named in the EHCP, you don't need a mediation certificate first.
Do these two things first
Write the appeal deadline on the calendar — two months from the date on the final EHCP.
Read the reason the Local Authority gave, and gather evidence that answers it: what the school told you, and how it meets the needs in section B.