Explain
Who can see an EHC plan (disclosure of plans)
The council must not disclose an EHC plan without the consent of the child or young person, except for purposes the Regulations list. A parent may consent for a child who is not old enough to understand. The purposes include sharing the council thinks necessary in the child or young person's interests, tribunal appeals, inspections and Ombudsman investigations. Plans must be kept so that, so far as reasonably practicable, people who should not see them cannot. Staff in councils, schools and other organisations also have data protection duties to check before pasting a plan into an AI assistant.
The same protection covers the advice, evidence and comments that go with a plan. When a young person is going on to higher education, the council must share their plan if they ask. It must share it with anyone dealing with their application for a Disabled Students' Allowance, and with the head of the university or college where their place is confirmed. The Regulations give the council 15 working days from the young person's request to share it with the university or college. Plenda keeps no copy of what it is sent and masks the identifiers it detects, but it cannot detect every name.
- Type of rule
- Law (Act or Regulations)
- Rule id
disclosure_of_plans- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- SEND Regulations 2014, reg 17(1)Law (Act or Regulations)
- SEND Regulations 2014, reg 17(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 17(3)Law (Act or Regulations)
- SEND Regulations 2014, reg 17(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 17(5)Law (Act or Regulations)
- SEND Regulations 2014, reg 47Law (Act or Regulations), to verifyStill open: whether the 15 working days govern limb (a) (the Disabled Students' Allowance application) as well as limb (b) (the principal of the institution). Still to confirm from the formatted text.
- UK GDPR, art 6Law (Act or Regulations)
- UK GDPR, art 9Law (Act or Regulations)
Related
- Subject access request (getting personal records)
- Educational record
- Higher education, paid work or an apprenticeship
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