Explain
Draft EHC plan
Before making a final EHC plan, the council must send a draft to the parent or young person. A draft plan must not name a school or college, or a type of school or college. It comes with a notice of three rights. These are the right to comment on it, to ask for a particular school or college to be named, and to ask to meet a council officer. The period for this must be at least 15 days, starting with the day the draft is served.
The council must also say where to find information about the schools and colleges available. A draft plan cannot be appealed; the final plan can be, once it is issued. A personal budget can be asked for while the plan is being prepared.
- Type of rule
- Law (Act or Regulations)
- Rule id
draft_plan- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 38(2)Law (Act or Regulations)
- Children and Families Act 2014, s 38(4)Law (Act or Regulations)
- Children and Families Act 2014, s 38(5)Law (Act or Regulations)
- SEND Regulations 2014, reg 13(1)Law (Act or Regulations)
- SEND Regulations 2014, reg 13(1)(b)Law (Act or Regulations)
- Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
- Children and Families Act 2014, s 49(1)Law (Act or Regulations)
Related
- The 15-day period to comment on a draft plan
- Final EHC plan
- Naming a school or college in the plan
- Section I (school, college or other placement)
- Personal budget
In an assistant, the ehcp_check_plan tool helps with this: Check an EHC plan.
If you think this rule is wrong or out of date, please tell us. A person reads every report.