What to do during the 15-day draft EHCP response period

When you receive a draft EHC plan, the local authority must give you at least 15 days to comment on its content, ask for a meeting and request a particular school or other institution. The period begins with the day the draft is served.

Use the time to put your main changes and placement request in writing. You do not need to solve every disagreement alone, but silence can allow the authority to continue without a clear record of your concerns.

This guide covers England and provides general information, not legal advice.

What the law allows you to do

Regulation 13 of the Special Educational Needs and Disability Regulations 2014 gives a parent or young person at least 15 days to:

1. make representations about the draft plan's content
2. request that a particular school or other institution is named
3. require the local authority to arrange a meeting with one of its officers

These rights can be used together. You can send written changes, request a meeting and name a preferred setting in the same response.

When does the 15-day period start?

The regulation says the period begins with the day the draft plan is served. Check the covering letter, email and delivery date. Local authorities generally count calendar days, not school days or working days.

If the deadline is unclear, ask the authority to confirm it in writing. Keep the draft, covering message and your record of receipt.

Your first 48 hours

1. Record the deadline. Put it in your calendar with an earlier personal deadline.
2. Check the pack. Confirm that all Section K reports are attached.
3. Request missing information. Do this immediately.
4. Book support. Contact SENDIASS or another adviser if needed.
5. Ask for more time if necessary. Explain why and request a specific date.
6. Start with the biggest issues. Focus first on missing needs, vague provision and placement.

The wording is "at least 15 days," so the authority can agree a longer period. Ask early. Do not assume an extension until it is confirmed.

How to make representations

Organise your response by EHC plan section. For each requested change:

• quote or identify the current wording
• state the change you want
• explain why
• cite the relevant professional report or other evidence
• offer replacement wording where possible

For example:

Section F currently says "regular literacy support." The educational psychologist's report dated 4 June recommends three 30-minute individual sessions each week delivered by a trained adult. Please replace the current wording with provision that records the frequency, duration and required training.

A focused response is easier to follow than a long narrative with no section references.

Asking for a meeting

You can require the local authority to arrange a meeting with an officer to discuss the draft.

In the request, list the main issues and who you want to attend. A meeting may help where:

• reports conflict
• provision has been moved or omitted
• the school request is disputed
• the wording is too vague to resolve by email
• your child or young person needs a particular way to participate

Take notes and send a short written summary afterward. A meeting does not replace your written representations.

Asking for a school to be named

Section I is blank in the draft plan. This gives you the opportunity to request a school, college or other eligible institution.

Name the setting precisely and put the request in writing. Explain why it is suitable by referring to needs and provision, but remember that different legal rules apply to different categories of institution. The local authority then consults the setting and decides what to name in the final plan.

The school's separate 15-day consultation

Your 15-day period and the school's consultation period are not the same thing.

• Your period: a statutory minimum under Regulation 13 for representations, a meeting and a school request.
• The setting's period: the SEND Code of Practice says a consulted nursery, school or college should respond within 15 days.

Some authorities consult after receiving the family's request; others may run work in parallel to meet the overall timetable. Do not calculate your deadline from the school's letter or assume the school controls the decision.

What if you do not respond?

The authority can continue towards a final plan. Some authorities may treat silence as agreement in practice, although silence is not a statutory form of consent.

If time has nearly run out, send a short holding response before the deadline. State that you do not agree with the draft, identify the priority issues, request any meeting or setting and explain when fuller comments will follow. Ask the authority to confirm whether it will accept them.

What happens after your response?

The authority considers your representations and the consultation responses, then issues a final plan within the overall 20-week timetable, subject to limited statutory exceptions.

You cannot appeal the draft itself. When the final plan is issued, the decision letter should explain appeal and mediation rights. Check the final wording against your response rather than assuming agreed changes were included.

Response checklist

• Deadline and service date recorded
• Section K reports checked
• Requested changes organised by section
• Evidence cited
• Meeting requested if wanted
• Preferred setting named precisely
• Extension confirmed in writing if needed
• Response and proof of submission saved
• Final plan checked when issued

You can use IPSEA's model letter and seek free help from your local SENDIASS service.

Unisen is being developed to guide families through the draft, keep evidence beside each requested change and prepare a structured response.

Explore the family workflow.