Consultation overview and supporting guidance for consultation responses for EHCPs

This page provides an overview of the Local Authority’s (LA) process for consulting schools and settings when considering naming them in an Education, Health and Care Plan (EHCP). The introductory section offers a summary to support general understanding of the consultation process.

The detailed guidance, including the statutory considerations and factors to be considered when responding, is provided in the supporting guidance for consultation responses for EHCP and should be used to inform a thorough and appropriate consultation response.  

1. What is an EHCP?

An EHCP is a legal document that explains: 

• What a child finds difficult,
• What support they need,
• And what help the school should give.

It is designed to make sure the child gets the right support to learn and grow.  

2. Parents have the right to express a preference and legally the local authority must consult with you, we will also consult if the local authority believes you are the nearest appropriate school

1. The Local Authority contacts the school the parents have chosen.
2. The school reads the child’s EHCP and looks at their needs.
3. The school decides if they can provide the right support.
4. The school sends their answer back to the Local Authority. 

3. What schools should consider when responding to a consultation

We know all schools want to do the best for children. Schools look at three things: 

a. Can we meet this child’s needs? Schools should check whether they have: 

• The right staff,
• The right resources,
• And the right environment to support the child.

b. Will the child be safe here — and will others be safe too? They consider whether the school is a safe and suitable place for the child and everyone else. 

c. Do we have space and capacity? If a school is full or already supporting many children with similar needs, it may be difficult for a school to take on more.

These considerations are about practical support, not about judging a child.  

4. What the local authority must do

The law says the Local Authority should name the school a parent requests, unless: 

• It cannot meet a child’s needs,
• It would be unsafe,
• Or it would cause major difficulties for the school. 

5. What this means

The consultation process is designed to: 

• Make sure a child goes to a school that can truly support them,
• Help schools make fair, well informed decisions,
• Keep all children safe and included.

We would expect a family to be making an informed choice and so they would have visited the school and had discussions with the SENCO or Head teacher.  We would expect that the school is in their local community although parents can look further afield.  

6. The aim of the process

Everyone involved — the school, the family and the Local Authority — shares the same goal:

To find the place where a child will be happy, supported, and able to learn.