Section I independent school — prepare your pack with support | EHCP Clarity
Section I placement

Section I independent school — get your pack ready with support

Section 41 independent special schools carry a statutory right to request; other independent schools are considered under section 9 of the Education Act 1996. We prepare the placement pack from school evidence, cost comparison, and your reasons. You review it. You send it.

Match my situation

Get my Section I pack prepared — £449See a real example pack

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What we prepare for this

Challenge to the plan · £449

Grounds or a letter when the plan, placement, provision or timescales are wrong.

  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

Sample of a plan challenge · mock names
In Section F, the provision described as “access to adult support as required” and “regular speech and language therapy” does not say how much support [CHILD] will receive, or who will deliver it.

Read the full examples · What each price includes

Case preparation support only · Not legal advice or tribunal representation

Quick answer

Section 41 independent special schools — listed by the Secretary of State for SEN — carry the same statutory right to request as maintained special schools (section 38 CFA 2014). For other independent schools, parents have a weaker but still real right under section 9 of the Education Act 1996: the local authority must have regard to parental wishes provided this does not involve unreasonable public expenditure. Where the local authority names an independent school, it pays full cost — there is no top-up arrangement.

Two routes: section 41 vs section 9

Section 41 independent special schools

Schools on the Secretary of State's section 41 list. Statutory right to request under section 38 CFA 2014 — same framework as maintained special schools. local authority must name unless section 39 exceptions apply.

Process: Section 38 preference; section 39 exceptions; SEND Tribunal appeal under section 51 CFA 2014.

Non-section 41 independent schools

Other independent schools — including mainstream private schools and independent specialist schools not on the section 41 list. No statutory right to request, but section 9 EA 1996 applies.

Process: Section 9 'have regard to parental wishes' subject to unreasonable public expenditure test; SEND Tribunal appeal applies same test.

How section 9 of the Education Act 1996 works

Section 9 requires that "in the exercise of their functions under the Act, the Secretary of State and local education authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure."

In SEND Tribunal placement appeals, section 9 is applied where parents request a non-section 41 school. The Tribunal asks two main questions:

  • Is the parent's preferred school capable of providing efficient instruction and training? (i.e. is it appropriate for the child)
  • Would naming the parent's school involve unreasonable public expenditure? (i.e. is the cost difference unreasonable in the circumstances)

The unreasonable expenditure test is fact-specific. Where the parent's preferred school is significantly better suited and the cost difference modest, naming may be appropriate. Where the local authority's alternative is broadly equivalent and substantially cheaper, naming the parent's preference is unlikely.

What strong cases do next

  1. 1

    Determine if school is section 41 or not

    Check the gov.uk section 41 list. If yes, follow the section 38 specialist school process — you have a statutory right to request. If no, follow the section 9 process below.

  2. 2

    Visit and confirm the school can meet needs

    Tour the school, meet senior staff, observe classes, ask about SEN expertise and similar profiles. Get written confirmation the school can meet needs and would offer a place.

  3. 3

    Build the case for why this school is needed

    Specific specialism, smaller class size, pedagogical fit, evidence the maintained alternatives cannot meet needs. Section 9 cases hinge on demonstrating real benefit beyond what local authority can provide.

3 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Building the cost comparison

Cost is central to most independent school cases. A clear comparison strengthens the argument:

Parent's school cost

School fees including all add-ons (lunch, after-school, transport, residential element if applicable). Get this in writing from the school.

local authority's alternative cost

Place value at the local authority's proposed school plus any additional support specified in Section F. Plus transport. Plus any therapeutic input the local authority would need to commission.

Cost difference

The actual additional public expenditure of naming the parent's school. This is what the unreasonable expenditure test applies to.

Benefits comparison

What the parent's school offers that the local authority's does not: specialism, class size, expertise, pedagogical approach. Where benefits are substantial and cost difference modest, the case is strong.

Building your independent school case

  • Confirmed whether school is section 41 or not
  • Visited the school and met senior staff
  • Written confirmation from school it can meet needs and offer a place
  • Detailed cost figures from the school (fees, transport, extras)
  • local authority's alternative costed in detail (place + 1:1 + therapy + transport)

3 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Common local authority pushbacks on independent school requests

  1. "Cost is too high" — must be evaluated against local authority alternative including additional support; modest difference can be reasonable.
  2. "Maintained alternative is appropriate" — challenge with evidence of what maintained cannot deliver.
  3. "School is not on section 41 list" — true, but section 9 still applies; do not let local authority dismiss without considering.
  4. "You can self-fund" — irrelevant to whether the local authority should name; if local authority does not name, EHCP provision is not delivered at that school.
  5. "There is no precedent" — section 9 cases are decided on facts; lack of precedent is not a reason to refuse.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Frequently asked questions

England · SEND

Can I get the local authority to name an independent school in Section I?
It depends on whether the school is on the section 41 list. If yes, you have a statutory right to request and the local authority must name unless section 39 exceptions apply. If no (a non-section 41 independent school), there is no statutory right to request — but the local authority must consider parental preference under section 9 of the Education Act 1996 and may name where appropriate.
What is the difference between section 41 and non-section 41 independent schools?
Section 41 schools are independent special schools approved by the Secretary of State specifically for SEN. Parents have the same statutory right to request as for maintained special schools. Non-section 41 independent schools (including mainstream private schools) are outside this framework — parents may still ask, but with weaker statutory backing.
How does section 9 of the Education Act 1996 work?
Section 9 requires the local authority to have regard to parental wishes when arranging education, subject to the proviso that doing so does not involve unreasonable public expenditure. The Tribunal uses section 9 in placement decisions where the request is for a non-section 41 school — particularly mainstream independent schools.
What is the unreasonable public expenditure test?
Where the parent's preferred school is more expensive than the local authority's proposed alternative, the Tribunal asks whether the additional expenditure is reasonable. This involves comparing costs and considering whether the parent's preference offers benefits beyond what the local authority's option provides. There is no fixed threshold — each case is fact-specific.
Why might I want to name an independent school?
Common reasons: specific specialism not available locally, smaller class sizes, particular pedagogical approach (Steiner, Montessori, etc.), specific religious or cultural ethos, or a strong existing relationship with the school. For SEN children, specialist independent schools may offer expertise not available in maintained provision.
Will the local authority pay for an independent school?
Where the local authority names an independent school in Section I (whether section 41 or not), the local authority pays the full cost. There is no top-up arrangement. If the local authority refuses to name and you choose to send your child anyway, you self-fund — the EHCP provision in Section F is then not local authority-secured at that placement.
Can I 'top up' a school placement with my own funds?
There is no formal top-up mechanism in the EHCP framework. If the local authority agrees to name an independent school, it pays the full cost. If the local authority refuses, you cannot generally pay the difference and have the local authority pay the rest. Some flexibility exists in personal budget arrangements.
What if the local authority refuses to name an independent school?
Section I is appealable to the SEND Tribunal within 2 months. The Tribunal applies the section 9 / section 39 framework. Parents often argue that the maintained alternative cannot meet needs and that the cost difference is reasonable in light of benefits.

Related guides

Sources and further reading

  1. Education Act 1996 — section 9 (parental wishes) — Statutory duty to consider parental wishes
  2. Children and Families Act 2014 — sections 38, 39 and 41 — Statutory framework for placement requests
  3. Section 41 list — independent special schools and colleges (gov.uk) — Official register of section 41 schools
  4. SEND Code of Practice 2015 — Chapter 9, paragraphs 9.78-9.94 — Statutory guidance on placement decisions