The Children and Families Act 2014 and The SEND Regulations 2014 contain many duties on local authorities (LAs) and some schools.

One of these duties is to consult before certain decisions are made. These decisions include:

  • What nursery, school or college to name in an EHC plan: here, the LA must  consult with your requested setting for its views on being named or not, before deciding whether to name it.
  • Whether to secure the special educational provision a child or young person requires otherwise than in a nursery, school, or college because it is inappropriate for it to be made in such a place.
  • What decision to make when concluding an annual review: here, the LA must consult with you when reviewing the EHC plan, to help it decide what decision to make.
  • Whether to cease to maintain (stop) an EHC plan: here, the LA will consult with you and the setting named in the plan, to help it decide whether it can legally cease (stop) the plan or not.

When the LA is required to consult it must carry out these consultations lawfully. It cannot do what it likes.

A lawful consultation has 4 parts:

  1. Planning stage: consultation must be at a time when proposals are still being considered, and not when the decision has already been made
  2. Enough reasons: the person or body (such as the LA) making the proposal must give sufficient reasons for it so the idea can be properly considered and responded to
  3. Enough time: enough time must be given for consideration and response
  4. Consideration: the response to consultation must be properly considered and taken in to account in making the decision.

For example, before an LA can decide to cease to maintain an EHC plan it must consult with you and with the school or college.

This means your LA needs to:

  1. ask you and the setting for views and comments on a proposed ceasing of the EHC plan, before it has made its decision
  2. explain why it is proposing to cease to maintain the plan, so that you can properly consider its reasons and understand why it is proposing it
  3. give you and the setting enough time to be able to consider the matter, and respond to it, and
  4. include your comments and the setting’s comments in its decision-making process. Your views cannot simply be ignored, and must be taken into account.