CLICK TO DOWNLOAD: Responding to a draft EHC plan (template letter 3)

When can I respond with comments on the draft EHC plan?

Your LA must give you at least 15 days from receiving your draft education, health and care (EHC) plan to make comments about the draft (for example, to say if there is anything in it that you don’t agree with, or raise any outstanding issues), to ask for a meeting with the LA (if you want one), and to request that a particular school or other institution is named in the final EHC plan.  

It is always best to do this in writing (either by email or letter) so you have a record of what you have said/asked. 

You can use this letter to respond to a draft EHC needs assessment. Our page aboutwhat to do when you receive your draft EHC plan contains more information on this. We recommend you review our what an EHC plan should contain, and EHC plan checklist, to see whether the draft EHC plan complies with the law too.  

This template letter is for general advice purposes and will need to be tailored to your own individual circumstances. Please read all the information on this page and, if possible, we recommend you take advice on using this letter.   

Who should I write to? 

The covering letter sent by your LA with the draft EHC plan should give you the contact details of the person you should get in touch with. 

If you are not sure who to write to, then write to the most senior person at your LA, usually called the Director of Children’s Services. You can find information and contact details for this person on the Association of Directors of Children’s Services website.  

When will I hear back? 

Your LA should respond to you “as soon as practicable”, and it must act in time to comply with its legal duty to issue the final EHC plan within 20 weeks from the date it received the request for an EHC needs assessment. This duty is set out in Regulation 13(2) of the Special Educational Needs and Disability Regulations 2014  

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