Complaining when the LA has not completed the annual review of an education health and care plan: Model letter 8

When should I complain?

Following an annual review the LA must make one of three decisions:

  • To amend the EHC plan;
  • To cease the EHC plan;
  • To leave the EHC plan as it is.

IPSEA’s case work suggests it is common practice for some LAs to resist writing to parents to confirm their decision to leave the EHC plan as it is, as it is a choice to do nothing. But receiving written confirmation is very important because the parent or young person must be given a right of appeal, just as they would have a right of appeal if the LA chooses to cease the EHC plan or chooses to amend the EHC plan, once the amendments are complete.

The LA must inform the parent or young person of the decision within four weeks of the annual review meeting taking place. Even if they have failed to hold a meeting, there is an additional duty for the LA to inform the parent or young person of its decision either within 12 months of the EHC plan being made or 12 months from a previous review of the EHC plan.

Who should I write to?

You should write to the most senior person at the LA, usually called the Director of Children’s Services. You can find information and contact details for this person by clicking here.

Remember to keep a copy of any letter or email you send. If you don’t get a reply within five working days, or if you need further advice, you can book an appointment to speak with us

 

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