203.Section 33 sets out what action should be taken when a local authority is making an EHC plan for a child or young person with special educational needs who is to go to a school or college, where either:
The child’s parents or the young person do not ask for a particular school or college to be named in the EHC plan in accordance with section 38; or
The child’s parents or the young person do make a request, but the local authority does not intend to name the requested provider.
204.It places a duty on the local authority to make sure that the EHC plan provides for the child or young person to be educated in a maintained nursery school or mainstream setting (that is, not in a special school or special college) unless that is against the wishes of the young person or the child’s parent, or would damage the efficient education of others and there are no reasonable steps that could be taken to overcome this. If one of those conditions applies, the child or young person’s EHC plan can provide for them to be educated in a special school or a special post-16 institution such as an independent specialist provider.
205.This section replaces sections 316 and 316A of the Education Act 1996 and extends the provisions to young people in post-16 education.