What can you do if you disagree with a draft EHC plan?

Before an EHC plan is finalised, the local authority sends a draft, and you have a set window, generally 15 calendar days, to comment, suggest changes, and put forward the school or setting you'd prefer.

Why does this stage matter?

It's your first real opportunity to shape the wording of the plan before it becomes a legal document. Once finalised, changing the wording, particularly Section F, usually means waiting for an annual review, requesting an early one, or appealing, all more involved than responding to a draft.

What can you actually raise at this stage?

1. Whether the description of needs in Section B accurately reflects your child
2. Whether the provision in Section F is specific and quantified enough to actually be delivered and checked
3. Which school, college, or other setting you'd like named in Section I

What happens after you respond?

The local authority considers your comments and finalises the plan. It doesn't have to accept every change you request, if it doesn't, the final plan will reflect its own position, and at that point your options shift to the appeal route rather than further comment.

Does this affect the placement request rules?

Yes, this is generally when you exercise your right to request a particular school or college, covered in more detail in our article on independent and specialist school funding for how that request is actually decided.

Knowing this window exists, and what's actually worth raising in it, can save a lot of difficulty further down the line. SEND Assistant helps you go through a draft plan and work out what to flag before it's finalised. Try SEND Assistant free.

Frequently asked questions

What if I miss the comment window?

The comment window is generally 15 calendar days from the draft being sent. Raising concerns after that window has closed doesn't automatically stop them being considered, though the formal opportunity to comment has passed.

Can I ask for more time to respond to a draft?

It's worth asking the local authority directly, though there's no guaranteed right to an extension.

Is 15 days always the exact window?

The comment period is generally around 15 calendar days, but the exact wording and deadline will be stated in the paperwork you receive, check it directly rather than assuming.

What if the draft doesn't name any school at all?

This can happen while consultation with settings is ongoing. You can still comment on the rest of the plan, and the final version should include a named setting.

Can I request more than one school as an option?

Yes, you can put forward more than one preference at this stage for the local authority to consider.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.