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LITTLE NELLIES

How to respond to a draft EHCP

You must have at least 15 days, beginning with the day the draft EHCP is served, to make representations, request a particular placement and require a meeting with a local-authority officer. Use that time to check needs, provision and evidence together. Send specific proposed amendments with reasons and source references, and keep your response.

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You must have at least 15 days, beginning with the day the draft EHCP is served, to make representations, request a particular placement and require a meeting with a local-authority officer. Use that time to check needs, provision and evidence together. Send specific proposed amendments with reasons and source references, and keep your response.

Practical guidance for families in England

Check the response period first

Record the date the draft arrived and the response deadline. If fewer than 15 days are allowed, ask for the required period. Ask for an accessible copy and any necessary communication support. Keep the wider 20-week timetable in view without allowing an internal target to remove your draft-stage rights.

Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.

Review B and F together

Check that B captures every special educational need and F specifies the provision required. Mark vague terms, missing frequency or expertise, and recommendations that appear only in K. Distinguish outcomes in E from provision. Use the child’s actual evidence rather than inserting a standard package.

Check health, social care and placement

Read C, D, G, H1 and H2 for relevant needs and provision. Consider whether any provision that educates or trains belongs in F. Section I should be blank in the draft. State the placement you wish to request and the reasons, recognising that different institution types have different legal routes.

Use an amendment schedule

For each point, record section and paragraph; current text; proposed wording; reason; and evidence with page number. For example, identify exactly what an unclear therapy recommendation needs to specify. Separate factual corrections from disputed professional recommendations so the authority can respond to each.

When the final plan arrives

Compare the final plan with your requested changes. Save the plan and decision letter. The tribunal must normally receive an appeal within two months of the date on that letter or one month of the mediation certificate, whichever is later. Ongoing discussions do not automatically extend the deadline; obtain any changed decision in writing.

Check the documents for this stage

Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.

Make your response easy to act on

Send the amendment schedule, a short covering message and any necessary evidence. Ask for a meeting if helpful and request written reasons for significant amendments not accepted. Keep proof of delivery. If more evidence is being clarified, explain the issue and date expected without assuming the statutory process automatically pauses.

Before you take the next step

You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.

Free information and additional support

Choose help for the question you need answered

Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.

When additional advice may help

Before seeking additional help, write down the decision or wording in dispute, the evidence already available and the deadline. Ask whether you need an explanation of the process, help presenting your evidence, a professional assessment or legal advice. Agree the task and any fee before commissioning work.

Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.

Related guides and support

Choose the guide for your next question or stage.

EHCP support from Little Nellie’s

draft EHCP review support

EHCP evidence pack

SEND Tribunal preparation support

complete guide to EHCP applications and appeals

Little Nellie’s EHCP support prices

Official sources and EHCP services

Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contentsSEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decisionFree SEND guidance — https://www.ipsea.org.uk/The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.

Children and Families Act 2014

SEND Code of Practice

appeal an EHC plan decision

SEND35 appeal form

SEND35A refusal to assess appeal form

Record the next action and who will take it

Record the next task, the person responsible, the deadline and the document confirming it. Keep a copy of anything sent and any acknowledgement. If an agreed action does not happen, use that record to explain what is missing and ask for a dated response.

Frequently Asked Questions

Can I ask for a meeting about the draft?

Yes. Within the draft-response period, you can require the local authority to arrange a meeting with an officer to discuss the draft. State the points you want to raise, request any communication support and keep a written record.

Should I rewrite the entire plan?

Only where necessary. A clear schedule of specific amendments and supporting evidence is often easier to assess than an unexplained replacement document.

Can I appeal a draft?

The usual appeal rights arise from specified final decisions. Respond to the draft and check the rights in the final decision letter; seek advice about serious delay or other urgent issues.

Where can I find free SEND information?

Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.

What should I prepare before seeking advice?

Prepare the relevant request, decision letter or plan, a short list of the issues, the key evidence and any deadline. State the question you need answered and the action you have already taken. Ask how documents should be shared before sending sensitive records.

Does this guide apply outside England?

This guide concerns EHCPs in England. Wales uses the additional learning needs (ALN) system and individual development plans (IDPs); use Welsh Government guidance for that process. Scotland and Northern Ireland also have separate systems.

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