Choosing an education provider

Your legal rights to types of education providers

For any school you are interested in, you need to check what type it is. You can do this using the Get Information about Schools tool.

  • Click on Name and type in the school's name.
  • Press the green search button
  • Find 'School type'

Your rights to request a school are stronger for some types of schools than others.

You have a stronger right to request all types of mainstream school.

If you choose one of these types of school or other educational setting, Buckinghamshire Council must consult with it.

Reasons the local authority can refuse a request

To refuse to place your child at your preferred school or college of these types, the Council must have at least one of these three reasons:

The education provider is unsuitable for the age, ability, aptitude or special educational needs of your child or young person

  • For example, if you want a special school that helps children with communication difficulties, but your child does not have communication difficulties, the school will not be suitable.
  • Think about how the needs of your child described in section B of their EHC plan and the help they require described in section F of their EHC plan can be met at the school you prefer.

The attendance of the child or young person would be incompatible with the provision of efficient education for others

  • For example, the Council says that even adding just your child to a particular class would make it impossible for the other children in the class to learn.

The attendance of the child or young person would be incompatible with the efficient use of resources.

  • For example, the Council agrees that the school you want is suitable, but they say it will be more expensive to provide than the school they want to name.

If the Council refuses your preferred school or college, you should ask your EHC Coordinator which of these is their legal reason for refusing. You can ask your EHC Coordinator to share the responses from schools with you. This may help you make sense of the decision and work out whether it is worth continuing to try for your preferred school. Sometimes the EHC Coordinator will agree to consult your preferred school again. For example, if you have new information, such as a new report that updates what is known about your child.