Draft EHCP: what to do in the 15 days
If the council decides to issue an EHC plan, it first sends you a draft. You then have at least 15 days to comment on it and to tell the council which school or setting you want named. This is the best moment to get the plan right.
What the draft will and will not include
The draft has the same sections as a final plan (see what is an EHCP), but section I, the school or setting, is left blank. The council should send copies of the advice and reports it used, which usually become section K.
Your rights during the 15 days
- Comment on the content of the draft, in writing.
- Ask for a meeting with someone at the council to discuss the draft.
- Ask for a particular school or setting to be named. This can be a mainstream or special maintained school, an academy, a further education college, or an independent special school approved by the Secretary of State. The council must name your choice unless it would be unsuitable for your child, incompatible with the efficient education of others, or an inefficient use of resources.
- Ask about a personal budget for some of the provision.
Put everything in writing and keep copies. If 15 days is not enough because reports are missing, write and say so straight away.
A day-by-day plan
- Days 1 to 3: read the whole draft next to the professional reports. Highlight anything missing, wrong or vague.
- Days 4 to 7: check section B (needs) against your evidence: every need in the reports, your diary and school records should appear. Then check section F against section B (see how to check section F).
- Days 8 to 10: check section E outcomes are specific and achievable, and that the reports in section K are all listed. Visit or call any school you are considering.
- Days 11 to 13: write your response: a numbered list of changes, each with the exact wording you want and the report or evidence that supports it. Name your preferred school.
- Day 14: send it, ask the council to confirm receipt, and log it as a contact.
Common problems to look for
- Needs from a report left out of section B, or described more mildly than in the report
- Vague provision: "access to", "as required", "regular"
- Therapy recommended in a report but missing from section F
- Outcomes that cannot be measured
- Your child's and your views in section A not reflecting what you said
After the 15 days
The council considers your comments, consults the school you asked for, and should issue the final plan within 20 weeks of the original request. Use the deadline calculator to check your dates. If you disagree with the final plan's sections B, F or I, you can appeal to the SEND Tribunal: see appeals and next steps. IPSEA and your local SENDIASS service give free advice.