Draft EHC plans
What is a draft EHCP?
A draft Education, Health and Care Plan (EHCP) is written by the local authority (LA) after they assess a child or young person’s needs. It sets out the support they require across education, health and care. You can find out more information about what an EHCP is here.
The draft plan includes:
- a child or young person’s special educational needs (SEN)
- any health or social care needs
- the provision (support) needed to meet those needs
- the child or young person’s goals and aspirations
- their own views and feelings
This is your opportunity to check the plan and give feedback before it is finalised. It is important to remember that that the draft EHCP must not name a school, college or other setting at this stage.
Why not?
- The LA must first confirm what your child’s needs are.
- Then decide what support is required to meet those needs.
- Only then can a school be chosen that can provide that support.
What will be included?
An EHCP must include at least 12 sections, labelled A to K, and all of these should be in your draft plan, but each local authority can decide how to set these out. The sections are:
| Section A | The views, interests and aspirations (hopes) of the child or young person and their parent or carer. |
| Section B | The child or young person’s special educational needs. |
| Section C | Health needs related to their special educational needs or disability. |
| Section D | Social care needs related to their special educational needs or disability. |
| Section E | The outcomes that are planned for the child or young person. |
| Section F | The special educational support that will be provided. This must match each need listed in Section B. |
| Section G | Health support that is needed because of the child or young person’s special educational needs or disability. |
| Section H1 | Social care support that must be provided for children or young people under 18. |
| Section H2 | Other social care support needed because of their special educational needs or disability. |
| Section I | The name and type of school or college the child or young person will attend. |
| Section J | Details of any personal budget, including how it will be used to support outcomes and services. |
| Section K | All the advice and information collected during the EHC needs assessment. |
What happens when you receive a draft EHCP?
You have 15 calendar days to respond to your draft EHCP. During this time you should:
- read the draft carefully
- check that all the information is correct
- ask for any changes or additions if needed
- suggest a school or college to be named
- ask for a meeting with the LA if you want to talk about the plan.
The LA must tell you about these rights, they are protected by law under the Children and Families Act 2014, Section 38 and SEND Regulations 2014, Regulation 13.
Things to check in your draft EHCP
You should pay particular attention to these key parts:
- Section B – does it clearly describe the child or young person’s learning, communication or behaviour needs?
- Section F – does it explain what support the child or young person will get (e.g. therapies, help in class)
- Section I – you can suggest a school to be named (this should be blank in the draft)
- Section K – are all relevant reports from the assessment included?
Be Clear. Be Specific.
Good practice for EHCPs
The EHCP should be written in plain language and be very specific. Vague words/phrases like ‘support as needed’ or ‘regular help’ is not good enough. Good EHCPs clearly state:
- what the support is
- how often it happens
- how long it lasts
- where it takes place
- who provides it (and their qualifications)
An example of good wording is:
A qualified speech and language therapist will deliver 45-minute sessions once a week for 12 weeks in a quiet room at school.
What to do if you are not happy with the draft
If you are not happy with the draft EHCP, you can:
- Request a meeting with the LA to discuss the draft
- Write a clear list of any suggested changes you would like
- You can take someone to the meeting with you for support
- Leave a copy of your comments with the LA
- Use your right to request a school in section I – even if you are unhappy with the draft.
As a result of your representations (changes) the LA may:
- Issue a final plan with all or some of the changes you would like
- Issue an unchanged final plan
- Make changes of their own and re-issue the plan in draft form.
Remember: the plan should reflect a child or young person’s needs, not just what is available
Timelines
There is no fixed deadline for the LA to send the draft EHCP but:
- The final EHCP must be issued within 20 weeks of the initial request for assessment
- The draft plan should be sent by around week 14, allowing time for feedback and finalisation.
The full timeline is detailed below.
| Step | Timeline |
|---|---|
| The local authority receives a request for an EHC needs assessment. The authority must tell parents about this request | This is the start date |
| The local authority decides whether an EHC needs assessment is needed. The authority must tell parents about its decision | Within six weeks of the start date |
| The EHC needs assessment takes place | This starts as soon as the decision is made |
| EITHER: | |
| The local authority tells the parents of the decision not to issue an EHC plan | Within 16 weeks of the start date |
| OR: | |
| The local authority sends a draft EHC plan to parents | |
| Parents must respond to the draft EHC plan. They can: > agree that the draft is adequate > ask for changes > ask for a meeting. | Within 15 days of receiving the draft EHC plan |
| Parents have the right at this point to state a preference for a school or early years setting | |
| The local authority consults with the school or early years setting | Within 15 days of parents’ response to the draft EHC plan |
| The local authority issues the final EHC plan | Within 20 weeks of the start date |
What to do If you are not happy with the final EHCP
When the LA issues the final EHCP, they must send you a letter telling you of your right to mediation and appeal. If you disagree with all or part of the final EHCP, you can appeal. You must do this within 2 months from the date on the decision letter or one month from the date on the mediation certificate, whichever has the later date.
Other useful resources (links to external websites):
IPSEA – what to do when you receive your draft EHC plan
If we do not deliver a SENDIAS service in your area, you can visit Council for Disabled Children to find your nearest service.
