The Biggest Mistake Parents Make After Receiving a Draft EHCP
You've waited months for a draft EHCP… don't waste your opportunity.
Receiving a Draft Education, Health and Care Plan (EHCP) can feel like a huge milestone. After months of assessments, reports and uncertainty, many parents are simply relieved that the local authority has finally produced a plan.
Unfortunately, this is also where one of the biggest mistakes is made.
Many parents assume the draft is simply a formality before the final EHCP is issued.
It isn't.
The draft is your best opportunity to correct mistakes before they become much harder to challenge.
Why the draft matters
The local authority must give you an opportunity to comment on the draft EHCP before issuing the final version.
This is your chance to:
Correct inaccurate descriptions of your child's needs.
Strengthen vague or missing provision.
Request amendments to Sections B and F.
Request your preferred school or placement in Section I.
Highlight evidence the local authority has overlooked.
Once the EHCP is finalised, any disagreements may require mediation or an appeal to the SEND Tribunal.
The most common problems I see
Almost every draft EHCP I review contains one or more of the following:
Section B doesn't fully describe the child's needs
Important information from educational psychology, speech and language therapy or occupational therapy reports is often missing or watered down.
If a need isn't properly recorded, it becomes much harder to argue for the right provision later.
Section F is too vague
This is probably the biggest issue.
Statements such as:
access to...
opportunities for...
regular support...
when required...
as appropriate...
are not legally specific.
Section F should clearly state:
what support will be provided
who will deliver it
how often
for how long
in what setting
If it isn't specific, it becomes difficult to hold the local authority accountable.
Evidence isn't reflected
Professionals may recommend specific interventions or specialist provision, yet those recommendations never make it into the EHCP.
Always compare the draft against every assessment report.
The wrong school is named
Some parents focus only on the wording of the plan and forget about Section I.
Your preferred placement should be carefully considered alongside the provision required in Section F.
The school should be capable of delivering the support your child actually needs—not simply the nearest available placement.
Don't just check for spelling mistakes
A draft EHCP should be reviewed as a legal document.
Ask yourself:
Does every need appear in Section B?
Does every need have matching provision in Section F?
Is the provision specific and enforceable?
Does Section I reflect the placement my child needs?
Is anything from the professional reports missing?
Getting it right first time
A well-written EHCP can prevent years of unnecessary disagreement with the local authority.
A poorly written EHCP often leads to annual review disputes, complaints or a SEND Tribunal appeal.
Taking the time to review the draft carefully can make all the difference.
Need a second opinion?
If you've received a Draft EHCP and want an independent review before responding to the local authority, I offer a comprehensive Draft EHCP Review.
I'll compare your draft against the supporting evidence, identify any weaknesses, explain what should be amended, and provide practical recommendations to help you secure a stronger final EHCP.
Because getting it right first time matters.