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.
A state school controlled and funded by the local authority. These include:
- community schools
- voluntary-aided schools
- foundation schools
- grammar schools
- university technical colleges
- special schools
- pupil referral units and alternative provision converters
A state school controlled and funded by the Government.
A special school run as a charity or not for profit.
An independent special school or college which has been approved by the Government. Most independent special schools and colleges are not Section 41 schools. The list of section 41 schools often changes. You can find it on the Department for Education website.
Including further education colleges and sixth form colleges.
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.
You have a weaker right to request:
- Independent schools and colleges
- Independent special schools and colleges
The law around independent schools and colleges is complex. You can find guidance on the IPSEA website under Asking for an independent school or college.
You have a very strong right to a mainstream education for your child with an EHC plan. You have a weaker right to a particular school.
Buckinghamshire Council can only refuse your request for mainstream education if:
- a mainstream school would be incompatible with the efficient education of others, and
- there are no reasonable steps Buckinghamshire Council can take to avoid this.
You should not be told that your child's needs are too great for mainstream or that mainstream is unsuitable for your child. If you want a mainstream education for your child, Buckinghamshire Council must try to make it possible. This includes not just mainstream schools or further education providers, but mainstream courses.
You should not be told that your child must go to a special school; you do not have to agree to this if it is not what you want, even if professionals don't think mainstream is right for your child.
Usually, Buckinghamshire Council will name the nearest mainstream education provider to your home if you have selected a preference for mainstream. If you want an education provider that is further away, in most cases, you will be expected to pay for transport there yourself.
There is further information about your legal rights to mainstream school on the IPSEA website.