Draft EHCP received — what happens next?
A plain-English walkthrough of what to do when your child's draft EHCP arrives: the 15-day window, requesting amendments, meetings, and what the council must do next.
You've been sent a draft EHCP. First: the plan is not final. The draft will not name a school (Section I is deliberately blank), and this is your main opportunity to get the wording right before it is finalised.
Your rights in the 15-day window
When the draft is served, the council must give you at least 15 days to:
- make representations — that is, comments and requests for changes to any section;
- request a meeting with a local authority officer to discuss the plan;
- say which school you would like named in Section I.
You can ask for amendments to any section — needs (B), health (C), social care (D), outcomes (E), provision (F), and so on. You can also submit evidence, such as a recent report from a therapist or teacher.
What to actually do
- Diary the deadline from the date on the covering letter (15 days from the date it was sent).
- Read Section B (needs) against Section F (provision). Does every need have provision that addresses it?
- Look for vague wording in F — "regular", "access to", "as required" — and ask for it to be quantified: who delivers what, how often, and for how long.
- Send your comments in writing and keep a copy.
What the council must do next
After the representation window, the council must consider your comments and issue the final plan — normally within eight weeks of the window closing. The final plan must name a school in Section I after consulting your preferred school. If the final plan doesn't reflect your comments, you have the right to appeal the contents (Sections B, F and I) to the SEND Tribunal.
Our free draft checker scans your draft for unenforceable wording and shows your deadline dates in about two minutes.