What Should I do if the LA Don’t Make the Amendments I Request to an EHCP?

Find out what to do if your LA ignores your EHCP amendments. Learn what evidence must be included in Sections B and F of an EHCP to support your appeal and ensure your child’s SEND are fully specified and met.

What Evidence Must be Included in Sections B and F of an EHCP? 

All SEN must be identified in Section B of an EHCP 

All of the child or young person’s identified special educational needs (“SEN”) must be specified (Section 37 of the CFA).   

Provision to meet all SEN must be specified and usually quantified in terms of what will be provided, by who, how often, for how long and in what group size. 

Section 37 of the Act requires the LA to specify the special educational provision required.  

“Provision must be specified for each and every need specified in Section B”: COP2015 #9.69(F). 

Provision must be specified and quantified. 

“Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget”: COP2015 #9.69(F). 

Parental Requests 

• No parent, advocate, solicitor, LA or tribunal can place parental evidence / requests into Sections B or F of an EHCP.  These sections are for professional advice only.   

• Any parental wishes, advice or guidance must go into Section A.   

• A tribunal cannot consider Section A, therefore cannot consider parental wishes.   

• Unless a parent’s views are backed up by professional evidence (in writing) a tribunal for Sections B and F concerning parental requests is highly unlikely to be successful.  

Professional Reports  

• Independent professional reports must be undertaken by a qualified practitioner who is a member of the lead association in their field.   

• Medical reports must comply with NICE guidance.   

• EP reports must adhere to the professional guidance for Educational Psychologists.    

• LAs may choose not to accept advice from independent professional reports, but if they follow the guidance above, this is not legal.  If you appeal, Tribunal will accept them. 

LA Reports 

• SEND regulations 2014 reg.6(1) states very clearly that any professional contributing to an EHC NA must detail the child or young person’s needs, special educational provision required and expected outcomes.   

• Any LA EP report that fails to do this must be referred to the LA as it is their responsibility to ensure this is undertaken correctly.  Any LA who refuses to do this will be expected to rectify it during the tribunal process. 

What Should I do if my LA is Ignoring my Amendments to a Draft EHCP? 

If you have sent back a request for changes to be made to a draft EHCP and the LA has not made the changes needed when they finalise your plan, there are two options: 

1. You can give the EHCP a go and monitor over the next 6 to 12 months how things go.  An EHCP is reviewed at least annually.  At this review you can work with your child’s school to make changes to the plan.  We have an Annual Review webinar which help you to make use of the Annual Review process.  Annual Reviews - Webinar 

2. You can appeal the contents of the plan.  Our draft checks are written to support an appeal.  You can use them to demonstrate the changes you want to be made to Sections B and F. 

How can I use an Empowering Families Draft Check to Support my Appeal? 

You can use your draft check to help you to appeal.  Highlight all the parts of Section B and F from the draft check that the LA have not included in the final EHCP. 

Use the omissions in Section B to give examples of omissions in this box on the SEND35 form: 

Use the omissions in Section F to give examples of omissions in this box on the SEND35 form: 

You can also send off the draft EHCP response with the final EHCP so that Tribunal can see details of all the omissions in the final plan. 

Remember, no matter how clear your evidence, LAs often apply policy not law to EHCPs.  The route to rectify this is through the tribunal process.  Ensuring that you have a thorough identification of all the professional and legal deficits in Sections B and F will support a successful appeal.  

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