Rulebook · Local authority letter

Proposed amendments to an EHC plan

This letter proposes changes (amendments) to an EHC plan. The law says it must come with a copy of the plan, the proposed changes and the evidence for them. It must give you at least 15 days to comment, ask for a particular school or college, and ask for a meeting. It must also say where to find information about schools and colleges.

Plenda checks 13 things in a letter like this: 8 are required by the Act or Regulations; 5 are good practice. The 15 days begin with the day the plan and notice were served, and that day counts as day 1 (the regulation says "the day on which the draft plan was served"). The Regulations do not say when a posted or emailed document counts as served. Counting from the day it was sent gives the earliest possible last day; counting from the day it arrived gives a later one. The same steps apply when the council proposes changes at any other time, not only after a review. Proposed amendments cannot be appealed. Once the final amended plan is sent, it can be. A decision not to amend after a review or re-assessment can also be appealed. Plenda does not say what effect a gap in a letter has on the decision. A gap can still matter: it can be raised with the council or in a complaint and, where the decision can be appealed, it may be relevant to a late appeal, because the Tribunal decides whether to accept one. This check compares the text supplied with what the law requires in a letter like this, and with good practice. It does not judge whether the decision itself is right.

What a letter like this includes

• A copy of the current planLaw (Act or Regulations)
• The proposed amendments, set out in the noticeLaw (Act or Regulations)
• Copies of the evidence that supports the proposed amendmentsLaw (Act or Regulations)
• The right to comment on (make representations about) the proposed amendmentsLaw (Act or Regulations)
• The right to ask for a particular school or college to be namedLaw (Act or Regulations)
• The period for comments and requests: at least 15 days, beginning with the day the plan and notice were servedLaw (Act or Regulations)
• The right to ask for a meeting with a council officerLaw (Act or Regulations)
• Where to find information about the schools and colleges that are availableLaw (Act or Regulations)
• The date of the letterGood practice. Not required
• When the final amended plan (or a decision not to amend) is due: within 8 weeks of this noticeGood practice. Not required
• If this follows an annual review: the date of the review meetingGood practice. Not required
• That information and advice about special educational needs is available (for example from the local SENDIASS)Good practice. Not required
• A named person at the council to contact, with a phone number or emailGood practice. Not required

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

notice.amendment_proposal

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND Regulations 2014, reg 22(2)Law (Act or Regulations)
• R (L) v Devon County Council [2022] EWHC 493 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.
• SEND Regulations 2014, reg 22(2)(c)Law (Act or Regulations)
• Interpretation Act 1978, s 7Law (Act or Regulations), to verifyStill open: whether s 7 deems a posted plan and notice served when they would arrive in the ordinary course of post.
• SEND Regulations 2014, reg 28Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(e)Law (Act or Regulations)

Related

• Your time to comment on proposed amendments
• Council sends the final amended plan (or decides not to amend)
• Final amended plan, or decision not to amend

Check a letter

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