The LA agreed to do an EHC needs assessment but now it is complete we’ve received a letter saying the LA is going to make a ‘My Plan’ for our daughter.

When an LA completes the EHC needs assessment they must decide whether to make and maintain an EHC plan. If the decision is not to make an EHC plan they must notify the parent or young person of their right to appeal this decision to the First-tier Tribunal (Special Educational Needs and Disability). Some LAs send this notification accompanied by a document which looks like an EHC plan and this can be very confusing. These ‘non-statutory’ documents carry no legal entitlements therefore they do not have to be followed by anyone involved with the child or young person. If they have issued you a ‘non-statutory plan’, this means the LA has made a decision not to issue an EHC plan. It will be important to consider appealing the LA’s decision not to issue an EHC plan.

The ‘non-statutory’ plan setting out your daughter’s needs and provision requirements could actually be helpful to use as part of your appeal, if it helps to indicate that she has needs which require provision greater than that which can be provided out of the school’s own resources.