Finalising the plan
You should receive a final EHC plan within a maximum of 20 weeks of the initial request. If you disagree with the description of SEN (section B), the provision (section F), or the school or type of school named, you have the right to mediation and/or appeal.
What can I do if the timescales are not met by the local authority?
There are legal timescales that local authorities are expected to comply with, however, our advice is to keep dialogue open with the local authority.
Ask your Family Services Co-ordinator when you will receive the draft/final plan. If you are unhappy a timescale has not been met you could complain to the local authority (LA), and/or to the Local Government Ombudsman (they will usually require you to have gone through the complaints process at the LA first).
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 additional funding with the LA in order to meet the needs. This is usually highlighted as part of the co-production meeting.
The local authority has a duty to secure the special educational provision in an EHC plan, this means to ensure the provision is delivered. If your child is not receiving the provision specified in section F of the plan, you should contact the local authority.
The Clinical Commissioning Group (or other health commissioners) are responsible for arranging any health care provison specified in section G of the plan.
If the EHC plan specifies social care provision in section H1 for a child under 18, the local authority will have a legal duty to make that social care provision under that Act (but not any other social care provision in section H2).
For a young person over 18, the care element of the plan may be provided by adult services under the Care Act 2014.
The headteacher or principal of the educational setting named in your child's EHC plan should ensure that:
- those teaching or working with your child or young person are aware of their needs, and have arrangements in place to meet them;
- interim targets are linked to the outcomes in the EHC plan;
- progress is monitored and reviewed during the course of the year
The local authority are responsible for carrying out a review annually though, where your child's SEN have changed, they should hold a review as soon as possible to make sure the outcomes and provision in the plan remain appropriate. Read more about Annual Reviews.