My EHCP Was Finalised in 8 Days Instead of 15 – Is That Allowed?
Receiving a final EHCP earlier than expected can leave parents feeling confused.
Many families know they have 15 days to comment on a draft EHCP, so when a final plan arrives after only eight days, it's natural to wonder whether the Local Authority has acted lawfully.
The answer depends on what happened during those eight days.
Where Does the 15-Day Period Come From?
When a Local Authority issues a draft EHCP, parents must be given the opportunity to:
read the draft carefully;
request amendments;
express a preference for a school or college; and
make any other comments before the plan is finalised.
This consultation period is an important safeguard. It allows families to influence the content of the EHCP before it becomes legally enforceable.
Can the Local Authority Finalise It Earlier?
In some circumstances, yes.
If a parent confirms that they have no further comments and asks the Local Authority to issue the final EHCP immediately, the authority may finalise the plan before the full 15 days have expired.
However, if you were still considering the draft, intended to submit amendments, or had not indicated that you were happy for the process to move forward early, you may reasonably question why the EHCP was finalised before the consultation period had ended.
Why Does It Matter?
Those 15 days are often the only opportunity to:
correct inaccuracies in Sections B and F;
ensure provision is specific and quantified;
request a preferred school or college; and
identify anything that has been omitted from the draft.
If the EHCP is finalised before you've had a proper opportunity to do this, you may feel that your views have not been fully considered.
What If the Final EHCP Is Wrong?
Don't panic.
Once the final EHCP has been issued, you gain a right of appeal to the SEND Tribunal in relation to:
the description of needs;
the educational provision;
the educational placement; and
certain refusals made by the Local Authority.
In other words, although the opportunity to comment on the draft has ended, the Tribunal process provides an independent route to challenge the final plan where necessary.
What Should You Do?
If your EHCP was finalised earlier than expected:
keep copies of all correspondence with the Local Authority;
check whether you were ever asked if you were happy to waive the remainder of the consultation period;
compare the final EHCP against the draft and identify any changes;
note any amendments you intended to make but were unable to submit; and
obtain advice promptly if you are considering an appeal.
The timing of the final EHCP can sometimes become relevant to the wider history of the case, particularly if there have been delays or procedural concerns throughout the assessment process.
Every Case Is Different
Whether a Local Authority has acted appropriately depends on the individual circumstances.
The key question is not simply how many days passed, but whether you were given a genuine opportunity to comment on the draft EHCP before the final version was issued.
If you believe that opportunity was taken away from you, it's worth obtaining advice about the options available.
Has this become a placement dispute?
If a final EHCP has been issued and the dispute concerns the school or type of placement named in Section I, this is the work I specialise in.