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Draft EHCP

When the Local Authority (LA) decides to issue an Education, Health and Care Plan (EHCP) after assessing your child’s (or your own, if you're a young person) needs, they’ll first send you a draft version.

This draft will outline:

  • Your child’s special educational, health, and social care needs
  • The support needed to meet those needs
  • The goals or outcomes expected
  • Your and your child’s views, wishes, and aspirations

This is your opportunity to check that everything is included and accurate. To find out more about what to expect, please see our page on the Contents of an EHCP.

 

Important to Know:
The draft plan must not name a specific school, college, or type of placement yet. That’s because the LA must first:

  1. Identify the needs
  2. Decide on the support required
  3. Then choose a suitable placement that can provide that support

Only the final EHC plan will include the name or type of placement.

 

Your Rights When You Receive the Draft Plan

When you get the draft, your LA must give you at least 15 days to:

  1. Share your comments (called ‘representations’)
  2. Ask for a meeting to discuss the draft (if you wish)
  3. Request a specific school or college to be named in the final plan

These rights are protected by law under the Children and Families Act 2014 (Section 38) and the SEND Regulations 2014 (Regulation 13(1)).

If you’re not happy with any part of the draft or the attached reports, you can suggest changes. You can also ask for a meeting with the LA to talk through your concerns. If you do, they must agree to meet you.

You may wish to bring someone with you to a meeting for support. You can also write down your key points and questions beforehand, and leave a copy with the LA officer after the meeting.

If you request a particular school or college (unless it’s a fully independent one, where different rules apply), the LA must consult with that institution before deciding whether to include it in the final plan. You can read more about this on our page about choosing a school or setting.

 

Timing Matters

There’s no fixed deadline for when the draft must be sent, but the final EHC plan must be issued within 20 weeks of the initial request for an assessment. To meet this deadline, the draft should ideally be sent within 14 weeks.

 

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)

 

IPSEA has a template letter you can use to:

  • Respond to the draft
  • Request a meeting
  • Ask for a specific school or college to be named

Template letter 3: responding to a draft EHC plan

 

Useful Links

IPSEA – What to do when you receive your draft EHCP

IPSEA - What can I do if I'm not happy with the contents of the EHCP?

Education, Health and Care plans - Examples of good practice