Disagree with the School Named in Section I of an EHCP? What Parents Should Do Next

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Disagree with the School Named in Section I of an EHCP? What Parents Should Do Next

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Education LawEHCPsPhase TransferSEND Tribunal Appeals

Parents often contact us after receiving an amended Education, Health and Care Plan (EHCP) for a phase transfer, particularly where Section I names a school they do not agree with. This can be especially stressful when deadlines are tight and a new academic year is approaching.

In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, answers a parent’s question about what to do if they disagree with the school named in Section I of an EHCP, and explains why acting quickly is so important.

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Why Section I Matters

Section I of an EHCP names the school or type of educational placement the local authority believes is appropriate for your child. If you disagree with the placement named, this is not something to delay.

Beverley explains that parents should lodge an appeal to the SEND Tribunal as soon as possible.

Appeals relating to school placement are time-sensitive, particularly for phase transfers. Tribunal waiting times are currently lengthy, often around 12 months, so any delay in lodging an appeal can significantly affect when your case is heard.

Looking Beyond Section I

When appealing the school named in Section I, Beverley advises parents to also review other key parts of the EHCP carefully.

Section B: Special Educational Needs

Section B should accurately describe your child’s special educational needs. If important needs are missing or not properly recorded, this can affect the provision and placement that follows.

Section F: Special Educational Provision

Section F should clearly and specifically set out the support required to meet the needs identified in the plan. If it is vague or incomplete, it may also need to be challenged.

Social Care Where Relevant

Where social care needs are part of the wider dispute, parents may also want to consider whether an extended appeal is appropriate so those issues can be considered alongside the education matters.

Why Acting Quickly Makes a Difference

Beverley explains that if parents receive an amended EHCP in the spring, for example in March, it is crucial to lodge an appeal without delay. This gives the best possible chance of securing an earlier Tribunal hearing date and avoiding prolonged uncertainty.

Delays can increase the risk of children and young people starting a new academic year without suitable provision or placement in place.

Support for Parents Navigating EHCP Placement Disputes

Disagreements about Section I can feel overwhelming, particularly when combined with tight timelines and unclear information from local authorities.

Our Education Law team supports parents and carers with:

Section I Placement Appeals

Advice and support where parents disagree with the school or type of placement named in the EHCP.

Reviewing Sections B and F

Checking whether needs and provision are properly described, specific and complete before deciding the scope of an appeal.

Extended Appeals

Considering whether social care issues should also be raised alongside the education issues where appropriate.

Phase Transfer and Tribunal Appeals

Supporting families through time-sensitive phase transfer disputes and SEND Tribunal proceedings.

We focus on clear advice, realistic timescales and practical next steps, helping families feel supported throughout the process.

Disagree With the School Named in Section I?

If you have received an amended EHCP and disagree with the school named, or you are unsure whether Sections B and F should also be appealed, our specialist Education Law team can advise on the position and next steps.

Watch the Video and Get Advice

The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.

If you disagree with the school named in your child’s EHCP, or you are unsure whether you should appeal, our specialist Education Law team is here to help.

You can contact us by emailing educationdept@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.

Education Law TikTok

Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.

Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.