Draft EHC plan

When the local authority has decided an EHC plan is necessary they will start to prepare a draft plan and issue this to you (within 16 weeks of the initial EHC needs assessment request).

What can I do if the timescales are not met by the local authority?

These are legal timescales that local authorities are expected to comply with, however, our advice is to keep dialogue open with the local authority.

Ask the SEND Service when you will receive the draft/final plan. If you are not happy with their response, you could make a formal complaint to the local authority (‘LA’) and if you are dissatisfied with their response you can then complain to the Local Government Ombudsman. 

Where an Educational Psychologist or other specialist recommends provision in their report, this could be put in place now ahead of the EHC plan being finalised. There may however be instances where a school will need to discuss further help from the local authority to be able to meet the needs. 

The SEND Code of Practice 2015 says:

“Decisions about the content of EHC plans should be made openly and collaboratively with parents, children and young people. It should be clear how the child or young person has contributed to the plan and how their views are reflected in it.” (9.61)