If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution, of a type described in s.38(3) C&FA 2014 above in “Requesting a particular school/setting“, the local authority must comply with that preference and name the school or college in the EHCP unless:

• The school or other institution is unsuitable for the age, ability aptitude or special education needs of the child or young person.
• The attendance of the child or young person would be incompatible with the provision of efficient education for others.
• The attendance of the child or young person would be incompatible with the efficient use of resources.

s.39(4) Children & Families Act 2014