SEMH Schools: How a Specialist Place Is Named in an EHCP

Updated 30 September 2026 · Legal citations verified against legislation.gov.uk

When a child with social, emotional and mental health needs has been through suspensions, a part-time timetable or months out of school, the conversation often turns to an "SEMH school". This guide explains what an SEMH school is in law, why a funded place almost always comes through an EHC plan, the tests a council must apply when you ask for a particular school and what to do if the answer is no.

The short version: "SEMH school" is not a legal category: it describes a special school that specialises in social, emotional and mental health needs. A child with special educational needs but no EHC plan must normally be educated in a mainstream school (section 34 of the Children and Families Act 2014), so a funded specialist place almost always comes through a plan. If you request a school on the section 38(3) list, the council must name it unless one of the section 39(4) exceptions applies.

What an SEMH school is

The law does not sort schools by type of need. It sorts them by who runs and funds them, so a school described as an SEMH school will usually be one of these:

a maintained special school: a community or foundation special school maintained by the council
a special academy or special free school
a non-maintained special school: a special school approved by the Secretary of State under section 342 of the Education Act 1996 that is not maintained by the council or an academy
an independent special school, some of which are approved under section 41 of the Children and Families Act 2014

Some mainstream schools also have an SEN unit, where pupils are taught in separate classes for at least half their time, or resourced provision, where they are taught mainly in mainstream classes with a specialist base. Both are usually for pupils with an EHC plan (Department for Education statistics definitions). A child with a plan can also split their time between a mainstream and a special school under a dual placement (paragraph 9.85 of the SEND Code of Practice).

A pupil referral unit is different. In law it is a school the council runs for children who, because of illness, exclusion or otherwise, may not receive suitable education without special arrangements (section 19 of the Education Act 1996). It is not a special school and not one of the settings a parent can ask to have named under section 38(3).

To find SEMH provision, start with your council's Local Offer, which section 30 of the Act requires every local authority to publish. When a draft plan arrives, regulation 13(1)(b) of the SEND Regulations 2014 also requires the council to tell you where to find information about the schools available for your child.

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Do you need an EHCP for an SEMH school?

For a funded place, almost always yes. Section 34 of the Children and Families Act 2014 says a child with special educational needs but no EHC plan must be educated in a mainstream school, with narrow exceptions:

an independent school or non-maintained special school not funded by the council (section 34(3))
admission to a special school for an EHC needs assessment, where the council, the head teacher, the parent and the professionals giving advice all agree (section 34(5))
admission after a change in circumstances, where the council, the head teacher and the parent all agree (section 34(7))
a hospital special school, or a special academy whose arrangements allow it to admit children without a plan (section 34(8) and (9))

Outside those cases, the route runs through an EHC needs assessment and a plan. The test for an assessment is low: section 36(8) requires one if your child has or may have special educational needs and it may be necessary for provision to be made through a plan, and no diagnosis is needed. Our guide to what SEMH means explains the terms, and our guide to an EHCP for SEMH needs covers the evidence that carries weight.

How a school gets named: the draft plan and section I

Section I of an EHC plan names the school, or the type of school, your child will attend. The draft plan must not name one (section 38(5)), and the council must tell you of your right to comment on the draft and to request a particular school (section 38(2)). Regulation 13(1)(a) gives you at least 15 days from the day the draft is served to do both, and the right to a meeting with an officer to discuss it.

Under section 38(3) you can request a maintained school (including a maintained special school), a maintained nursery school, an academy (including a special academy or free school), a further education institution, a non-maintained special school or an independent special school or college approved under section 41. The council must then consult the school (section 39(2)), and paragraph 9.83 of the Code says the school should respond within 15 days. Visit first if you can and ask the school directly whether it can meet the needs in the draft. Our guide to checking the draft plan covers the rest of your 15 days.

When the council must name the school you ask for

If you request a school on the section 38(3) list, section 39(3) says the council must name it unless one of the section 39(4) exceptions applies:

the school is unsuitable for your child's age, ability, aptitude or special educational needs
your child's attendance would be incompatible with the provision of efficient education for others
your child's attendance would be incompatible with the efficient use of resources

Paragraph 9.79 of the Code says efficient education means a suitable, appropriate education for each child in terms of their age, ability, aptitude and any special educational needs, and that "others" means the children your child would be in contact with day to day at that school. The starting point is your choice: the council has to name it unless it can point to an exception.

Disputes about specialist placements often turn on suitability and cost. Suitability depends on whether the school can meet the needs in section B and deliver the provision in section F, so it helps when those sections are specific about class size, staff expertise and therapeutic input. If the council says your choice would be an inefficient use of resources, ask it to set out in writing which schools and costs it compared. Any school it names instead must be one it thinks appropriate for your child (section 39(5)), so a cheaper school that cannot meet the needs is no answer.

Once a school on the list is named, section 43 requires it to admit your child, although that does not remove its power to exclude (section 43(4)).

Independent SEMH schools not on the section 41 list

If the independent school you want is approved under section 41, it is treated like any school on the section 38(3) list. If not, you can still ask for it, but the rules are weaker. Paragraph 9.84 of the Code says the council must consider your request and have regard to the principle in section 9 of the Education Act 1996 that children are educated in accordance with their parents' wishes, so far as that is compatible with efficient instruction and training and the avoidance of unreasonable public expenditure. Because such schools are not bound by the duty to admit, the council should be satisfied the school would take your child before naming it, so ask the school to confirm a place in writing.

If you want mainstream, or the council does

Where no school is requested, or a request is refused, section 33 says the plan must provide for a mainstream school unless that is incompatible with the wishes of the parent or with the provision of efficient education for others. So section 33 does not force mainstream on a family who does not want it. A family who does want mainstream has a strong right to it: paragraph 9.89 of the Code says mainstream education cannot be refused on the grounds that it is not suitable, and the council can rely on the efficient education of others only if there are no reasonable steps it could take to prevent the incompatibility (section 33(3) and (4)).

Paragraph 9.92 lists reasonable steps for a child with challenging behaviour in a mainstream primary school, such as a designated quiet area, briefing all staff on triggers and a contingency plan for outbursts. Paragraph 9.93 accepts that such steps may not be enough where behaviour systematically, persistently or significantly threatens safety or impedes the learning of others. If mainstream has been tried with support like that and has not worked, the record of what was tried is part of the case for a specialist place.

Evidence that supports a specialist SEMH placement

Specific sections B and F, with provision that states class size, staffing and therapeutic input
The educational psychologist's advice, which regulation 6(1)(d) requires the council to seek during the assessment
The school history: suspensions, isolations, managed moves, attendance and any part-time timetable. The Department for Education's exclusion guidance, effective from 26 July 2026, says a part-time timetable should not be used to manage behaviour and must only last for the shortest time necessary
Letters from CAMHS, your GP or a therapist
What mainstream tried under SEN support and what happened
Your child's views, which section 19 requires the council to have regard to
The school's consultation response saying it can meet the needs

If the council will not name the school

If the final plan names a different school, only a type of school or no school at all, you can appeal to the First-tier Tribunal (SEND) under section 51(2)(c) of the Act. An appeal about section I alone needs no mediation certificate (section 55(2)), so it can be registered straight away, normally within 2 months of the decision letter. If you also challenge section B or section F, a certificate is needed and the deadline becomes 2 months from the decision letter or 1 month from the certificate, whichever is later. Our guides to appealing the contents of a plan and every appeal deadline cover the detail. If no school can meet your child's needs, education otherwise than in school under section 61 may be the answer; see our guide to EOTAS.

Where things stand with the 2026 reforms

As our guide to the 2026 White Paper records (checked 28 September 2026), the white paper "Every Child Achieving and Thriving" sets out proposals only and the Education for All Bill has not been introduced to Parliament, so current law applies in full. Under the proposals families would keep the right to appeal to the Tribunal, although the Tribunal would no longer name the placement. These are proposals and may change.

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Frequently asked questions

What is an SEMH school?

A special school that specialises in social, emotional and mental health needs. It is not a separate legal category: in law it will be a maintained special school, a special academy or free school, a non-maintained special school or an independent special school.

Can my child go to an SEMH school without an EHCP?

Usually not for a funded place. Section 34 of the Children and Families Act 2014 says a child with special educational needs but no EHC plan must be educated in a mainstream school, with narrow exceptions such as admission for an EHC needs assessment with everyone's agreement or a place the family pays for.

Can I choose the SEMH school named in my child's EHCP?

You can request one. You have at least 15 days from the draft plan to ask for a school on the section 38(3) list, and the council must name it unless one of the exceptions in section 39(4) applies.

Can the council refuse an SEMH school because it costs too much?

For a school on the section 38(3) list, only if your child's attendance would be incompatible with the efficient use of resources, and any school it names instead must be one it thinks appropriate (section 39(5)). For an independent school not approved under section 41, it must have regard to your wishes so far as they avoid unreasonable public expenditure.

Is a pupil referral unit an SEMH school?

No. A pupil referral unit is a school the council runs for children who, because of illness, exclusion or otherwise, may not otherwise receive suitable education (section 19 of the Education Act 1996). It is not a special school.

How do I appeal if the council names a different school?

Appeal to the First-tier Tribunal (SEND) under section 51(2)(c) of the Children and Families Act 2014. An appeal about section I alone needs no mediation certificate (section 55(2)) and must normally be registered within 2 months of the decision letter.

Does naming an SEMH school in the plan include transport?

Not automatically. Naming a school in section I does not bring transport with it; apply to the council under its school transport rules.