Birmingham SENDIASS

Step 6:

If the Local Authority decides to issue an EHC Plan

You will receive a Draft EHC Plan with a letter which must inform you, that you have fifteen calendar days to:

• Make comments (representations) about what is written in the Draft EHC Plan (including requesting any amendments (changes) you want made.
• Request a meeting with the Local Authority to discuss the draft.
• Provide the name of the education setting you want named in the Final EHC Plan.

This is an important opportunity for you to check whether the Draft EHC Plan contains everything it must and should do in each section.

Once the Local Authority receives your comments they will consult with the education setting you have requested, provided, it’s on the government approved list of schools and institutions.

Useful Information: A Draft EHC Plan must not include the name of an education setting, or what type of placement your child or young person should attend, for example a mainstream or special school. The name and/or type of setting can only be added in the Final EHC Plan.

Step 7:

Issuing the Final EHC Plan

The Final EHC Plan must be issued within a maximum of twenty weeks from the Local Authority receiving the request for an EHC Needs Assessment.

A Final EHC Plan will name the education setting your child or young person will attend.

When a Final EHC Plan is issued, you or your young person, also have a right of appeal to the SENDIST tribunal if you are still not in agreement with the following:

• Description of your child’s or young person’s special educational needs (Section B).
• Special educational needs provision (Section F); and/or
• Name / type of education setting (Section I) or the fact that no education setting is named

You can also appeal the sections of the EHC Plan that deal with health and social care alongside appealing about the SEN and SEN provision.