Should my son's Key Stage Transfer Setting placement be named in the issued draft EHCP?
The placement offered to my Year 11 son for post 16 (just happens to be his current school) is one of our most important aspects of his new EHCP. We plan to fight for this placement via FtT if we have to. However, the LA (Surrey NE SEND) have issued the DRAFT EHCP and stated that section I (placement) is only completed in the FINAL EHCP. I thought the whole idea is of the draft is for parents/carers to object to contents (including placements) if they disagreeable with the students education needs AND setting. Can I request section I be completed prior to me responding to the draft?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 08 Feb 2025
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No
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Simple
Summary: When amending an Education, Health, and Care (EHC) plan, the local authority is obligated to provide the existing plan, the proposed amendments, and supporting evidence. Should the authority decide to proceed with the amendments, a finalised revised plan must be issued within eight weeks. What you refer to as the ‘draft EHC plan’ appears to be, or ought to be, merely a document outlining the proposed amendments – the amendment notice. You can make representations on the amendments, including section I (placement) and the LA should inform you of this. Hence this is why section I of the amendment notice is blank but will not be when the amended EHCp issued.
PROCEDURE
When a local authority intends to amend an Education, Health and Care (EHC) plan following a review, it must provide the child's parent or the young person with a copy of the current plan and a notice detailing the proposed changes, including supporting evidence. The parent or young person should be informed of their right to request a meeting to discuss these amendments. They must be given at least 15 calendar days to comment, make representations, or request a specific school or institution be named in the plan.
After considering any representations, if the local authority decides to proceed with the amendments, it must issue the revised EHC plan promptly, and in any event within 8 weeks of the initial amendment notice. If it chooses not to make the changes, it must inform the parent or young person, providing reasons, within the same timeframe.
The amended EHC plan should clearly indicate that it is a revised version, stating the amendment date and the date of the original plan. Additional advice and information, such as review meeting minutes and related reports, should be appended similarly to the original EHC needs assessment. The plan must clearly show which sections have been amended. Importantly, the next review should occur within 12 months of the date of the original EHC plan or the previous review, not 12 months from the date the amended plan is issued.
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Comment