In this three-part series, we’ll cover each stage of the EHCP process. This final blog covers what to do if you’re unhappy with an EHCP. The other blogs cover:
- What can parents do if their child’s Special Educational Needs are not being met?
- When can a Local Authority refuse to issue an EHCP, following an EHC Needs Assessment?
Receiving your child’s final Education, Health and Care Plan (EHCP) can feel like a milestone; one that should bring relief, clarity, and support. But for many parents, that moment is followed by frustration when the plan doesn’t reflect their child’s needs accurately or specifically enough. If that’s you, you’re not alone, and you do have options.
What is the first step?
When you receive a draft EHCP from the Local Authority, it is really important that you take the time to read through it carefully. When the Local Authority issues a draft EHCP, parents have 15 calendar days to comment on the contents and request any amendments.
An EHCP must reflect the evidence gathered through assessments. All of the professional evidence that was used to inform the plan should be included at Section K. If it is not, this needs to be highlighted to the LA.
When reading through the report, it can be helpful to ask yourself the following questions:
- Are all needs identified in the professional reports included in Section B?
- Is every need matched with specific, quantified provision in Section F?
- Has any advice been diluted, omitted, or generalised?
- Do timings, staffing, qualifications, methods, and frequencies appear clearly?
If the plan includes provision that isn’t described in the evidence, or omits provision that is described, this is a strong basis to request amendments. Make notes on anything you feel is missing, unclear, incorrect, or not supported by the professional reports appended.
How do you request amendments?
You have the right to request amendments to the draft plan, but this should be done in writing and within the 15 day window. It is a good idea to set out explicitly in your correspondence to the LA:
- Each part of the plan you disagree with
- Why the current wording is inadequate
- What wording you want instead
- Which professional evidence supports your proposed changes
What if the LA refuses to make your requested amendments?
Following the 15-day window, the LA should then issue you with a final EHCP. It is at this point that a school placement will be named in Section I.
If the LA hasn’t made the changes you request, your next step is to consider mediation. Mediation can sometimes resolve issues quickly and helps parents understand their options. Accredited SEND mediators can guide you through common dispute areas and mediation details should be contained within the letter the LA send you alongside the final plan.
Even if you don’t feel mediation will be useful, you will need to at least consider mediation before appealing to the SEND Tribunal. What this means in practice, is that you will need to contact a mediator and be provided with a mediation certificate. It is worth noting that if you are only appealing Section I, the school placement, you are not required to consider mediation.
How do I appeal?
If the Local Authority refuses to amend the plan—or if you still disagree after mediation—you can appeal to the Special Educational Needs and Disability Tribunal (SENDIST). There are deadlines for someone to submit an appeal –
- 2 months of the date on the final EHCP letter or
- 1 month from the date of the mediation certificate
You can appeal Sections B (needs), F (provision), and I (placement).
What if I need help?
Many parents find it helpful to have a solicitor review. SEND law is technical, and a well‑drafted response can make all the difference at an early stage.
If you are unhappy with your child’s draft EHCP, you need to act quickly within the 15‑day response window. With clear evidence, well‑structured amendment requests, and the right support, you can secure a plan that truly meets your child’s needs.
If you require assistance reviewing or responding to a draft EHCP, or submitting an appeal, the team at Fisher Jones Greenwood would be happy to assist you.
How FJG can help
Our dedicated family law team is here to offer compassionate advice and practical legal solutions. Whether you need help securing protective orders, navigating family home disputes, or ensuring the safety of your children, we are committed to supporting you through this challenging time.
Sam Howlett is a Solicitor in our Family team advising clients in Special Educational Needs law, and a broad range of family matters, including divorce, finances and children cases, as well as having experience in child protection issues and Social Services.
If you have any queries on the above subject, please do not hesitate to get in touch with Sam on 0845 543 5700 or complete our online enquiry form.