Objecting to the amendments the LA is proposing to make to an EHC plan: Model letter 4

What should I do?

A local authority (“LA”) can amend an EHC plan at any time but this is most likely to happen after it has carried out an annual review. Whenever the LA amends an EHC plan it must follow the procedure laid down in law, set out in more detail here. LAs must consult with parents or the young person during this process.

If, following the review, the LA decides to make amendments to the EHC plan then they must send parents or the young person notice of what these are intended to be. This is called an Amendment Notice. There is no deadline for sending out the Amendment Notice, but the SEN and Disability Code of Practice says at paragraph 9.177, “If the plan needs to be amended, the local authority should start the process of amendment without delay”.

If you do not agree with the amendments proposed you should write to the local authority explaining exactly what it is that you are unhappy about and why.

This is also your opportunity to request that a specific school or college (or type or school or college) is named in the EHC plan, if you want this to change. See the section on choosing a school or college for more information.

When should I write?

Within 15 days of receiving the Amendment Notice.

Does the LA have to agree to a meeting?

Yes, they do. You will be given at least 15 days in which you can request a meeting (there should be details of this sent with the Amendment Notice); if you do so, the LA has a duty to meet you to hear your views.

Should I speak to the school or college about this?

Yes, definitely. Speak to the SENCO, the relevant class or subject teachers and the head teacher or principal about your worries as well as writing to the LA.

What if the school or college offers to write on my behalf?

It is fine for the school or college to also write to the LA if they believe that the amendments being proposed would not benefit the child or young person. However this should be as well as your own letter.

Who should I write to?

The covering letter sent by the LA with the Amendment Notice to the EHC plan will give you the contact details of the person you should contact with your representations, any request for a meeting and your request for a specific school or college to be named in the EHC plan (or type or school) if you want to make one.

If you are not sure who to contact, 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 two weeks, or if you need further advice, you can book an appointment to speak with us.

 

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