An Education, Health and Care Plan (EHCP) is a legal document. It should clearly describe your child’s needs, the support they require, and the outcomes they are working towards. Because it is such an important document, it’s really important to check the draft EHCP carefully before it is made final.
When you receive the draft plan, you have 15 days to read it and share your comments. This 15-day period starts from the date the local authority (LA) sends the draft to you. During this time, you can either agree with the plan or ask for changes. The LA will tell you the deadline for submitting your comments.
If you need more time to review the draft, you can ask for an extension by contacting your EHCP coordinator (their contact details should be in the letter). The LA does not have to agree to give you extra time, but you can always ask.
It’s important to respond within the 15 days. If you do not send any comments, the draft EHCP will usually be made final as it is, including the needs, outcomes, and support set out in it.
Understanding the Draft EHCP
If your local authority (LA) decides to issue an Education, Health and Care Plan (EHCP) after an assessment, they must first send you a draft version of the plan.
This draft EHCP is an important document. It will include your child’s:
- Special educational needs (SEN)
- Health and social care needs
- The support (provision) needed to meet those needs
- The outcomes or goals they are working towards
It should also include your child’s (and your) views, wishes, and feelings, as well as their aspirations for the future.
This is your opportunity to check that the plan includes everything it should and that it accurately reflects your child’s needs. You may wish to use guidance or an EHCP checklist to help you review it.
The draft EHCP must not name a specific school or type of placement at this stage. This is because the process must follow these steps in order:
- Identify your child’s needs
- Decide what support is required
- Then decide on a suitable placement
The name of the school or setting will only be added in the final EHCP, once these steps are complete.
Your rights when you receive the draft
When the draft EHCP is sent to you, the local authority must tell you that you have at least 15 days to respond. During this time, you can:
- Make comments (called “representations”) about the draft plan
- Request a meeting with the local authority to discuss the plan
- Request a particular school, college, or setting to be named in the final EHCP
This is a legal requirement under the Children and Families Act 2014 and the SEND Regulations 2014.
What you can do during the 15 days
If you are not happy with any part of the draft plan, or with the reports it is based on, you can ask for changes. You can also request a meeting with the local authority to discuss your concerns.
If you ask for a meeting, the local authority must agree to meet with you. It can be helpful to take someone with you for support, and to prepare a list of questions or points you want to raise. You can also give a written copy of your points to the local authority officer so they can refer back to it.
Choosing a school or setting
If you request a specific school, college, or other setting, the local authority must consult with that setting to help decide whether it can be named in the final EHCP.
If you are considering an independent school, different rules may apply.
Timescales you should be aware of
While there is no fixed deadline for issuing the draft EHCP, the local authority must send the final EHCP within 20 weeks of receiving the request for an EHC Needs Assessment.
To meet this deadline, the draft EHCP is usually expected to be issued within around 14 weeks. If this does not happen, you can raise this with the local authority or seek advice.
What happens if you don’t respond?
If you do not send any comments within the 15 days, the draft EHCP will usually be made final as it is, including the needs, outcomes, and support written in it.
What should be in an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document. The law says it must include specific sections, each covering different parts of your child’s needs and support.
The sections of an EHCP
- Section A – Your child’s and your views, interests, and hopes for the future
- Section B – Your child’s special educational needs (SEN)
- Section C – Health needs linked to their SEN
- Section D – Social care needs linked to their SEN or disability
- Section E – The goals (outcomes) your child is working towards
- Section F – The support (special educational provision) needed to meet their SEN
- Section G – Health support needed to help your child access learning
- Section H – Social care support required
- Section I – The name of the school, college, or setting (in the final plan only)
- Section J – Details of any direct payments
- Section K – Reports and advice used to create the plan
Support for preparing for adulthood
For young people in Year 9 and above, the EHCP must also include support to help prepare for adulthood. This can include:
- Thinking about future jobs or careers
- Support with independent living
- Help with education or training after school
- Being part of the community
What to check in your child’s EHCP
When reviewing an EHCP, it is important to check that:
- All of your child’s needs are clearly listed in Section B
- All the support needed is written in Section F
- The school or setting is named in Section I (in the final plan only)
Why this is important
The law says:
- If a need is written in Section B, there must be support for it in Section F
- If support is written in Section F, the local authority must make sure it is provided
- If a school or setting is named in Section I, it must admit your child (in most cases)
Ipsea has a great EHCP plan checklist which may be helpful to you when reviewing the draft EHCP