My LA has sent me the first version of the working document but it only includes sections B, F and I of my child’s EHC plan. Can I ask that the other sections are included? It also does not contain any of the changes I am asking for in the appeal.

Some LAs create working documents only containing sections B, F and I, because the SEND Tribunal’s powers are limited to those parts (except for in the case of extended appeals where the SEND Tribunal can make recommendations about health and social care). This is unhelpful however, as you may be hoping to negotiate changes to sections A and/or E. In addition, it means the SEND Tribunal doesn't have the outcomes directly before it when considering the special educational needs and provision. Case law has also said there are clear risks of a SEND Tribunal having insufficient regard to a child or young person’s aspirations and the outcomes which they and those supporting them consider appropriate if it does not have sections A and E before it to provide context for what it has to decide.

You should ask your LA to issue the whole EHC plan and in a form which can be edited. If the LA delays in doing this, first send a reminder to the LA and tell them about the case law linked above if necessary, before considering making a request to the SEND Tribunal to direct that the LA does so.

The SEND Tribunal expects LAs to reflect the amendments a parent or young person has requested in their appeal form in the first version of the working document, but this rarely happens and generally the LA sends an unamended, editable version of the EHC plan which is under appeal, as has happened here.

You should make sure all the amendments you are looking for are made on the working document, using the key set out in the SEND Tribunal’s Working document guidance (colour should not be used), and sent back to the LA.

Please note, the final working document in your appeal sent to the SEND Tribunal must be no more than 25 A4 pages. If your final working document is longer than that, you need to ask for permission for the page limit to be exceeded. If you don’t, the SEND Tribunal may decide not to consider the final working document. You can find out more on this and how to ask for this permission on our website.