Getting an EHC draft plan

18 mins read

This advice applies in England only. Read information for families in Northern Ireland, Scotland or Wales.

If your local authority decides to issue an education, health and care (EHC) plan, they must send you a draft version first. This webpage explains how to check your draft plan and ask for changes if needed. This information may also be helpful if you are checking an amended plan following an annual review. 

In this article

Getting a draft plan

If, following an education, health and care (EHC) needs assessment, the local authority decides to give your child an EHC plan, it will send you a draft plan to comment on. There’s a lot to consider at this stage, and timing is crucial. It’s important to be prepared and act quickly.  

If everyone has been working together, there should not be any great surprises in your child’s draft EHC plan. However it is a legal document, and the wording is very important, so you need to check it carefully. 

How long do I have to check a draft plan?

You must have at least 15 days from the date the local authority sends you the draft EHC plan to check it and respond. 

If you need more time, for example if you’re getting help to check the plan, ask the local authority for an extension. Do this as soon as possible.

The law says the local authority must give you at least 15 days. It can agree to give you longer.

What does a draft plan look like?

EHC plans do not all look the same. Local authorities can use different templates. However, every plan must contain the same clearly labelled sections A to K. These sections are: 

A: Your child’s views, interests and aspirations.
B: Your child’s special educational needs (SEN).
C: Health needs related to your child’s SEN or disability.
D: Social care needs related to your child’s SEN or disability.
E: The outcomes your child is working towards.
F: The special educational provision your child needs.
G: The health provision your child needs because of their SEN or disability.
H: The social care provision your child needs because of their SEN or disability.
I: The name and type of school or college your child will attend (this section is left blank in a draft EHC plan).
J: Details of any agreed personal budget.
K: A list of the advice and reports gathered during the EHC needs assessment.

The SEND code of practice, paragraph 9.69, has detailed information about what should be in each section.  

How do the sections work together? 

Sections B, C and D describe your child’s needs.  

Sections F, G and H describe the support they should receive to meet those needs. 

Every need should have matching provision: 

For example: 

Need in Section B: Difficulty understanding social rules. 

Provision in Section F: Social skills group and use of social stories. 

How to check an EHC draft plan

Read the draft plan through carefully. Use this guide to make sure your child’s needs and the support they require are accurately reflected.

Check the reports first 

Check that Section K lists all the reports and advice you expect it to, including your views and any independent reports you sent in. If anything is missing, tell the local authority. 

Read through the reports before checking the detail of the plan. You may find it helpful to make copies so you can write on them. As you go through the reports, highlight: 

You may find it helpful to use different colour highlighters for needs and recommended support. 

Section-by-section review 

The next step is to go through the draft EHC plan section-by-section.  

As part of our guide to doing this, we’ve given some examples to illustrate what could be in an EHC plan. These are fictional and for guidance only. 

Section A – Views, interests and aspirations

Section A should be based on information from you and your child. Check it matches your contributions and whether anything needs to change or be added.  

Aspirations can be anything that you and your child would like them to achieve in the future. They can be ambitious, and they do not have to be measurable.  

For example, Arthur is eight and has hemiplegia. He loves sport, and his aspiration is to be a premier league footballer. This may not be realistic, but it could lead to an achievable outcome such as taking part in a disability football tournament with a local club. 

Section A of the EHC plan is not legally enforceable. If important information about your child’s needs or support only appears in Section A, ask the local authority to move this information to the relevant sections of the plan. 

Section B – Special educational needs (SEN)

Section B must describe all your child’s identified SEN. Check that Section B includes every need identified in the reports included in Section K. If a need is missing, ask for it to be added. 

Section B should list any formal diagnoses, but it cannot include only a diagnosis. Section B must also specify your child’s difficulties and explain how they affect your child’s learning or access to education.

Four broad areas of need 

The SEND code of practice describes four broad areas of SEN. Local authorities often use these headings to organise Section B, although they do not have to. Your child may have needs in more than one area, and some needs may fit under more than one heading. 

The examples below show the type of information that might appear in Section B. Your child’s own Section B will be based on the needs identified in their own reports. 

Cognition and learning 

This includes difficulties with learning, processing or remembering information. 

Example wording in an EHC plan: 

  • James has difficulty understanding cause and effect. At age five his development is at the 18-24 month level. 
  • Jennifer’s working memory is at the 1st percentile for her age. She finds it difficult to process information and follow complex instructions. 

Communication and interaction 

This includes difficulties with understanding or using language, communicating with other people and social interaction.  

Example wording in an EHC plan: 

  • Pascal finds it difficult to understand the social use of language. He is not able to hold a reciprocal conversation. He is also very literal and can come across as abrupt. 
  • Ruby’s spoken language is at an early stage of development. She is able to communicate her needs through a mixture of single words, gesture and Makaton signing. 

Social, emotional and mental health 

This includes difficulties with emotional regulation, anxiety, attention or trauma. 

Example wording in an EHC plan: 

  • Ahmed has been diagnosed with ADHD, and his behaviour can be very impulsive. 
  • Jessica has very high anxiety levels. She finds the school environment extremely stressful and has had periods of school refusal. She also has a history of self-harming. 

Sensory and physical 

This includes physical difficulties such as challenges with vision, hearing and movement, as well as sensory needs. 

Example wording in an EHC plan: 

  • Matthew has a severe visual impairment and is registered blind. 
  • Tabitha has cerebral palsy and is a wheelchair user. She can walk very short distances with a walking frame but cannot manage steps. 

Section C – Health needs

Section C should include any health care needs related to your child’s SEN or disability. This might include physical or mental health difficulties, for example eating disorders, severe anxiety or a medical condition such as epilepsy.

Examples: 

  • Angus cannot take any food or drink by mouth. He is PEG fed.  
  • Chantelle has epilepsy. She mainly has seizures at night, but they can occur during the school day. After a seizure she is very tired and needs to rest. 
  • In common with many children with Down Syndrome, Abigail has a lowered immune system and gets frequent respiratory infections. She may miss more school than average, particularly during the winter months.  

Be aware that if a medical condition gives rise to educational needs, section B should list these. For example, a child with epilepsy may have absence seizures which cause them to miss information.

Section D – Social care needs

Section D should include any social care needs related to your child’s SEN or disability. For example, these might include difficulties accessing activities in the community or managing everyday life at home. 

If your child has had a social care assessment, Section D should include this. Otherwise, Section D might include evidence from the school or community organisations. 

Examples 

  • Joseph is not able to take part in social activities with other teenagers or go out on his own. He currently relies on his parents to take him out and provide support. 
  • Amira’s challenging behaviour has a severe impact on her family. The family finds it hard to do activities together and her two younger siblings miss out. 

Section E – Outcomes

Outcomes describe the difference the support in the EHC plan is intended to make for your child.  

When you are checking the outcomes, think about what you want your child to be able to do as a result of getting the extra help set out in sections F to H of the EHC plan.  

The SEND Code of Practice, in paragraph 9.66, says outcomes should be specific, measurable, achievable, realistic and time bound (SMART). Outcomes should not be vague or “woolly” worded. 

Outcome that is too vague: Alex will become more independent. 

In this example, it’s not clear what “more independent” looks like or how it could be measured. There is no timeframe either. 

Clearer outcome: By the end of Year 6, Alex will independently follow a visual timetable to move between lessons. 

Examples:

  • Emily will be able to plan an out-of-school activity with a group of friends by the time she moves on to college. 
  • By the end of year 6, Dion will be able independently to read a simple book with chapters. 
  • By age 18, Jonathan will have achieved a level 1 qualification in maths and English. 
  • By the age of Key Stage 1, Parveen will be able to use spoken language to communicate her basic needs. 

Section F – Special education provision

Section F sets out the help your child will get in nursery, school or college.

The wording in this section is very important, because the local authority has a legal duty to ensure your child is getting the special educational provision it specifies. This duty applies regardless of the local authority’s resources. 

Every special educational need in Section B should have corresponding provision in Section F.  

The provision should be detailed and specific. It should make clear: 

  • What support your child will receive.
  • How often they will receive it.
  • How long it will last.
  • Who will provide it.
  • Whether staff need specific qualifications or training.
  • Whether support will be one-to-one or in a group.

Vague wording is harder to enforce. Look out for phrases such as “access to”, “opportunities for” and “regular”. For example, in the wording below it is not clear how much help Absalom will receive, and who will deliver it: 

“Absalom will have access to extra help from school staff as required. This will include regular opportunities to work in a small group.” 

Compare this with wording that is specific and quantified: 

“Absalom will receive 30 minutes of targeted support, in a group of no more than four pupils, twice a week. The sessions will be delivered by a teaching assistant trained in the intervention and overseen by the SENCO.” 

Section G – Health provision

Section G should set out any health care provision your child reasonably requires because of their SEN or disability.  

The provision should be detailed, specific and quantifiable. Check that it explains what support will be provided, how often and by whom.  

Example:

  • Carly will continue to attend the paediatric diabetes clinic every six months. Before she starts school, the specialist diabetes nurse will deliver two training sessions to school staff.   

If your child already has an individual healthcare plan, Section G should incorporate or cross-reference this.

Health provision that should be included in Section F  

Remember, health provision that educates or trains your child may belong in Section F instead. If a therapy educates or trains your child, it should be treated as special educational provision. Speech and language therapy is a common example. 

Read our webpages on medical needs in school and health services for more information.  

Section H – Social care provision

Section H sets out social care provision. This section can be extremely complicated. 

H is divided into two subsections. H1 is social care provision provided for children under 18 under s2 of the Chronically Sick and Disabled Persons Act 1970. This is a rather old-fashioned list, but in essence covers everything except residential short breaks, for example: 

  • Help in the home.
  • Help for a holiday.
  • Leisure facilities.

Subsection H1 only applies to children under 18. 

Subsection H2 is any other social care provision, for example: 

  • Residential short breaks for children. 
  • Other social care provision not related to the child’s SEND, but only with parents’ consent. For example, a child protection plan. 
  • Any social care provision for adults over 18 provided under the Care Act 2014.

Local authorities must seek advice and information about social care needs as part of the EHC needs assessment. However, we have come across instances where section H is completely blank. In some cases this is fine, but if you do need help from social care and no assessment has been carried out then challenge this.

There is more information about social care assessments and services in the social care section of our website. 

Section H is particularly important where young people require support in order to achieve as much independence as possible in adulthood. Some young adults may have a mixed package of educational and social care support. 

Section I – Education placement

Section I contains the name and type of school or educational setting your child will attend. It should be left blank in a draft EHC plan. This gives you the opportunity to ask for the school you want your child to attend. 

When you get the draft plan, inform the local authority which school or college you would like your child to attend. The local authority will consult your preferred choice (unless they are an independent school, where different rules apply).  

In a final plan, Section I will contain the type and name of the school or college, for example: 

  • A mainstream primary school – Hillview School.
  • A secondary special school for pupils with severe learning difficulties – Lakeside School.

For more information on naming a school in an EHC plan, read our webpage on applying for a school place. 

If your child receives SEN provision via an EOTAS package, this webpage may be helpful. 

Section J – Personal budgets

When the local authority informs you it will be issuing an EHC plan, you have the right to ask for a personal budget to be prepared. 

This is not an extra pot of money. It is a way of giving you, as a parent, more input into how the money allocated to your child is spent. Personal budgets may relate to education, health or social care. 

For more information, see our detailed factsheet on personal budgets [PDF]. 

Section K – Reports

Section K lists all the reports gathered during the EHC needs assessment. Check that all the reports are included here. 

How do I ask for changes?

Go through each section of the draft plan and make a note of all your comments and changes. For each change you ask for, make a note of which report in Section K supports your request.  

Respond within the 15-day timeframe. You can email or phone your caseworker in the local authority’s SEN Team, to: 

What happens after I make my representations? 

After considering your requests, the local authority may change the draft, or it might issue the final EHC plan without the changes you asked for. 

Check the final plan carefully to see what has changed and whether your concerns have been addressed. If you still disagree with the final plan, you have the right to mediation and/or appeal.

If you’re unhappy with the final EHC plan

When the local authority sends you the final EHC plan, it must also tell you about your right to mediation and appeal.

Mediation 

Mediation gives you and the local authority an opportunity to resolve your disagreement.  

In most cases, you must contact a mediation adviser before you can appeal to the SEND tribunal. You do not have to participate in mediation, but you must get a certificate showing that you considered it.  

Appeal to the First-tier SEND Tribunal 

You can appeal to the tribunal about: 

If you appeal about the education sections of the plan, you can also ask the tribunal to make recommendations on the health and social care content of the plan.   

The tribunal’s decisions on the education sections are legally binding, and the local authority must adopt them. The local authority does not have to accept the tribunal’s recommendations on the health and social care content. 

How long do I have to appeal to the SEND tribunal? 

There are strict time limits for appealing. The tribunal must receive your appeal within whichever is later of:

Read our webpage on tribunal appeals  for more information.

Where can I get further information? 

You can find out more about EHC draft plans using the links below.

Legislation and guidance

SEND Code of Practice 

SEND regulations 2014

Children and Families Act 2014

Related webpages

Our webside has further information on the following topics: 

And we have information on these related topics: 

Get individual advice

Our parent advisers can help with any questions you have about your child’s SEN support. You can call our free helpline, email us via our web form or contact us using Charlie, our chatbot, on our website. 

Local Information, Advice and Support Services (IASS) 

You can also contact your local Special Educational Needs and Disabilities Information, Advice and Support Services (SENDIAS). Every local authority must provide this impartial service. You can find details of your local service on our webpage Local advice and support organisations.