Section I specialist school — the platform drafts your pack for your review

The section 38/39 framework

Section 38 of the Children and Families Act 2014 sets out the right to request a placement. Parents (and young people aged 16+) can request:

• •Any maintained school (mainstream or special) — including academies and free schools
• •An institution within the further education sector
• •A non-maintained special school
• •An independent special school approved under section 41
• •An institution approved under section 41 for further education for SEN

Section 39(4) sets out the only three grounds on which the local authority can refuse to name your preferred school:

How to name a specialist school in Section I

1. 1

   Identify suitable specialist schools

   Use the section 41 list (gov.uk), local authority special schools list, and parent networks (e.g. SOS!SEN, IPSEA). Look for schools whose specialism matches your child's profile (autism, complex needs, SLD, etc.).

2. 2

   Visit and assess fit

   Tour the school, meet senior staff and SENDCO, observe a similar-profile class if possible, talk to existing parents, ask about staff training, behaviour management approach, curriculum adaptation, transitions support.

3. 3

   Get the school's confirmation

   Ask the head/SENDCO for written confirmation that the school can meet your child's needs and would offer a place if named. This letter strengthens your Section I case substantially.

4. 4

   Build the evidence base

   Professional reports recommending specialist provision, evidence of mainstream's inability to meet needs (failed placements, attendance, professional opinion), parent observation, and quantified provision the specialist school can deliver.

5. 5

   Express your preference in writing

   When the draft EHCP is issued (or at annual review where you are seeking change), write to the local authority naming your preferred school under section 38 CFA 2014. The local authority must consult the school within statutory timescales.

6. 6

   If local authority names a different school, register a Section I appeal

   You have 2 months from the final EHCP date. Use SEND35A. The Tribunal can order the local authority to name your preferred school if section 39 exceptions are not made out.

The cost argument under section 39(4)(c)

Cost is the most commonly cited refusal ground for specialist school requests. The Tribunal applies a comparative test — the cost of the parent's preferred school against the cost of the local authority's proposed alternative including any additional support that alternative would require.

Practical points:

• •If the local authority proposes a mainstream school with extensive 1:1 support, the cost of that 1:1 must be added to the mainstream baseline cost
• •If local authority proposes one specialist school and parent prefers another, only the cost difference is relevant
• •Where parent's preferred school is the only one that can meet needs, cost is largely irrelevant — section 39(4)(a) drives the answer
• •Transport costs are part of the calculation
• •A section 9 Education Act 1996 'unreasonable public expenditure' test sometimes also applies

Common local authority pushbacks on specialist school requests

• !"Cost is too high" — challenge with comparative cost analysis; cost alone is not enough.
• !"Mainstream can meet needs with support" — quantify what mainstream would need to provide and demonstrate it cannot reliably deliver.
• !"There is no place at the school" — get school confirmation in writing before submitting; many local authorities assume no place exists when one does.
• !"School is too far away" — distance is part of cost; argue the necessity of specialist placement outweighs distance.
• !"Section 41 list is closed" — the section 41 list is updated regularly; check the current gov.uk list before assuming.
• !"You should try mainstream first" — only sustainable where there is reasonable prospect; do not let local authority force tried-and-failed cycle.