This depends on the type of setting.

The SEND Tribunal has no power to name a wholly independent school against its wishes because there is no duty in the Children and Families Act 2014 on such schools to admit a child or young person where they are named in section I of an EHC plan. If you want to ask for an independent setting to be named in an EHC plan, you will need the setting to have offered a place and you will need to send this consent or offer of a place with your appeal form.

If you are asking for:

  • a maintained school or nursery (mainstream or special)
  • an Academy (mainstream or special)
  • an institution in the Further Education sector
  • a non-maintained special school, or
  • a section 41 school,

then proof of consent to be named or an offer of a place is not required, but you will have to tell the school that you are asking the SEND Tribunal to name it, and submit that notification letter or email to the SEND Tribunal with your appeal paperwork.