Definition
Section I is the section of an EHCP naming the school or type of school the child will attend. Parents can express a preference for a specific school (section 38 Children and Families Act 2014), and the local authority must name it unless one of the three narrow grounds at section 39(4) applies.
In context for parents
Key checkpoints
- Section I names the school or type of school the child will attend.
- Parental preference under Children and Families Act 2014, section 38; LA must name unless one of the three s.39(4) grounds applies.
- The three grounds: unsuitable for age/ability/aptitude/SEN; incompatible with efficient education of others; incompatible with efficient use of resources.
- EOTAS named in Section F with Section I left blank.
- Mediation is not required for Section I-only appeals.
Section 39(4) is the legal test for refusing a parental preference. The LA can only refuse the school named if: (a) the school is unsuitable for the child's age, ability, aptitude, or special educational needs; or (b) the placement would be incompatible with the efficient education of others at the school; or (c) the placement would be incompatible with the efficient use of resources. Each ground requires evidence; "we think a different school would be better" is not a lawful reason.
Independent and non-maintained special schools are covered by the same regime. Parents can name an independent school (under the Schools Bill / section 39 read with the SEND Code 9.81–9.85), and the LA must approach the school. The LA can refuse on the "efficient use of resources" ground if a state placement that can meet need is available at lower cost. The cost comparison must be like-for-like, including transport, the cost of additional provision to make the cheaper option work, and the full lifetime cost where the cheaper option will not last.
EOTAS (education otherwise than at school) is named in Section F with Section I left blank, appropriate where no school placement is suitable for the child's needs.
Common pitfalls:
- Draft EHCPs leave Section I blank, with the LA writing "to be named" or "consultation in progress".
- This is normal at draft stage.
- The final plan must name a specific school (or "EOTAS").
- If the LA names a generic type ("mainstream school with SaLT input") rather than a specific named school, that is appealable.
Disagreements about Section I are appealable to the SEND Tribunal. Mediation is not required for Section I-only appeals.
Related terms
The terms parents most often see alongside Section I (EHCP).
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Section F (EHCP)
The section of an EHCP that sets out the special educational provision the local authority must secure. Wording should be specific, quantified, and unambiguous (often called 'SMART').
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Special School
A school that exclusively educates pupils with EHCPs and is designed around their specific needs. Placements are normally named in Section I and funded by the local authority.
Mainstream School
A standard primary or secondary school that admits all children, including those with SEND. Most children with SEND attend mainstream schools, with or without an EHCP.
Where parents ask about this
Parents usually find this page when the LA has refused the parent's preferred school, when a draft plan has named a school the parents do not believe can meet need, or before phase transfer. Searches include "Section I parental preference refused", "Section I independent special school", and "EOTAS Section I". A Beaakon SEND solicitor or advocate can review the LA's section 39 reasoning, build the evidence for the preferred placement, and run the Section I appeal at tribunal.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.