Can I appeal if the council names the wrong school in my child's EHCP?

Yes. If you disagree with the school named in Section I of your child's final EHC plan, you can appeal to the SEND Tribunal within 2 months of the decision letter — placement-only appeals need no mediation first. Section I is the part of the plan that names the school or college your child will attend.

The right that lets you appeal

Once the council issues a final or amended plan, the school it names in Section I is something you can challenge in your own right. The SEND Tribunal (its full name is the First-tier Tribunal, Special Educational Needs and Disability) can hear an appeal about the school named, the type of school named, or the fact that no school is named at all (s.51(2)(c) Children and Families Act 2014).

This matters because the council was not free to choose any school. Where you asked for a particular school, the council had to name it unless it could show one of three things: that the school is unsuitable for your child's age, ability, aptitude or special educational needs; that your child attending would be incompatible with the efficient education of other children; or that it would be an inefficient use of resources(s.39(3)–(4) of the same Act). If the council named a different school, the Tribunal can test whether it actually met that bar.

Mediation: when you can skip it

Normally you have to consider mediation before you appeal. But there is a clear exception: where your appeal is only about which school should be named (Section I), you do not need a mediation certificate to proceed. You can lodge the appeal straight away. If you also appeal other parts of the plan, you will need to contact a mediation adviser first, though you can still decline mediation and ask for the certificate that lets you appeal. See what mediation is and whether you have to do it.

Appeal Sections B and F as well, not just the school

The single most useful point most pages miss: appeal the school named in Section I together with Sections B and F, not on its own. Section B describes your child's needs and Section F sets out the special educational provision to meet them. The right school flows from those two sections, so if Section F is vague or thin, the council can argue almost any school will do. IPSEA, the SEND legal charity, advises appealing B and F alongside I for exactly this reason. A precise plan is what forces the right placement.

Qualifies to appeal is not the same as winning

Having the right to appeal does not guarantee the school you want. The Tribunal decides on the evidence about your child's needs and the schools in question. That said, the odds favour parents who appeal: in the 2024/25 academic year, around 99% of SEND Tribunal appeals decided were found in the appellant's favour, the same proportion as the year before. Many appeals are also conceded by the council before the hearing.

How to lodge it

• Complete the SEND35 appeal form, available on GOV.UK, and send it with a copy of the final plan and the decision letter.
• It must reach the Tribunal within 2 months of the date on the decision letter, or within 1 month of a mediation certificate, whichever is later.
• State which sections you are appealing (I, and ideally B and F) and what you want the plan to say instead.

This page is general information, not clinical or legal advice.