Definition
A draft EHCP is the version of the plan an LA sends to parents for comment before finalising. Issued under regulation 13(2) of the SEND Regulations 2014, it must be sent at least 15 days before the final plan is issued and Section I (school) is usually left blank with consultation underway.
In context for parents
Key checkpoints
- The version of the EHCP sent to parents for comment before finalising, issued under SEND Regulations 2014, regulation 13(2).
- Must be sent at least 15 days before the final plan is issued.
- Section I is usually left blank with consultation under way.
- Parents have 15 calendar days to comment, propose amendments, and express school preference.
- Battles lost at draft stage cost weeks or months at tribunal; draft stage is the cheapest place to fix problems.
The 15-day response window is statutory. Parents have 15 calendar days from the date the draft arrives to respond with comments, propose amendments, and express a preference for the school in Section I. The LA must then take those comments into account before issuing the final plan. The draft is not the final document. It is the opportunity to negotiate before the appeal clock starts.
What to do with the 15 days:
- Read every section against the assessment advice gathered during the 16 weeks before.
- Compare Section B against the EP, SaLT, OT, paediatric, and school reports: every named need in those reports should be in Section B. Compare Section F against the recommendations: every recommendation should be in Section F, specific and quantified.
- Mark up the draft with tracked changes, attaching evidence references next to each proposed amendment.
- Send the marked-up document back with a covering letter requesting the LA's response before finalising.
The "name a school in Section I" decision. The draft usually leaves Section I blank. Parents send the LA their parental preference under section 38 of the Children and Families Act 2014, and the LA must consult that school. The LA can refuse only on the three section 39(4) grounds: unsuitable; incompatible with the efficient education of others; incompatible with the efficient use of resources. Each must be evidenced.
If the draft is unworkable and the LA refuses to amend, the appeal route opens only when the final plan issues. The 15 days are usually the cheapest, fastest stage at which to fix problems. Battles that lose at draft stage cost weeks or months at tribunal.
Related terms
The terms parents most often see alongside Draft EHCP.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Final EHCP
The legally binding version of an EHCP issued at the end of the assessment or amendment process. Parents have a right of appeal to the SEND Tribunal from the date the final plan is issued.
Section I (EHCP)
The section of an EHCP naming the school or type of school the child will attend. Parents can request a specific school, and the LA must name it unless narrow legal grounds apply.
Working Document
The version of an EHCP that parents, the LA, and the tribunal mark up with proposed amendments during an appeal or annual review process before a final plan is issued.
Where parents ask about this
Parents usually find this page within hours of a draft EHCP arriving, with the 15-day clock running. Searches include "draft EHCP 15 day response", "draft EHCP what to check", and "how to respond to draft EHCP". A Beaakon SEND advocate or solicitor can audit the draft within 24 hours against the assessment evidence, draft the parent response and Section I preference letter, and negotiate amendments before the final plan issues.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- The Special Educational Needs and Disability Regulations 2014, regulation 13(2)
- Children and Families Act 2014, sections 37, 38 and 39
- SEND Code of Practice (DfE / DoH 2015), paragraphs 9.78–9.94
- IPSEA: draft EHCP response guidance
- [L v Clarke and Somerset CC [1998]](https://www.ipsea.org.uk/l-v-clarke-and-somerset-county-council-1998-elr-129)