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). Click on the tiles below for more information about what to do next.
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.
You could ask your Family Services Co-ordinator when you will receive the draft/final plan, or make a formal complaint to the local authority. If you are unable to resolve through the local authority’s complaint route, you could complain to the Local Government Ombudsman.
IPSEA have a model letter for raising this concern with the local authority ‘Complaining when the local authority does not send a draft or final EHCP on time‘ It is very formal, and you may wish to change to suit.
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 setting will need to discuss further help from the local authority to be able to provide the recommended support.
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)
Personal budgets
The SEND Code of Practice 2015 says:
The child’s parent or the young person has a right to request a Personal Budget, when the local authority has completed an EHC needs assessment and confirmed that it will prepare an EHC plan. They may also request a Personal Budget during a statutory review of an existing EHC plan.
If you would like to request, or are considering requesting a personal budget talk to your Family Services Co-ordinator. You can find their contact information within the letter that accompanied the draft plan.
Education, health and care plans
Download our ‘Education, health and care plans’ leaflet (PDF)
