Definition
A final EHCP is the legally binding version of the plan issued at the end of the assessment or amendment process under section 37 of the Children and Families Act 2014. The right of appeal to the SEND Tribunal runs from the date the final plan is issued, with a two-month time limit (or one month after a mediation certificate).
In context for parents
Key checkpoints
- The legally binding version of the EHCP issued at the end of the assessment or amendment process under Children and Families Act 2014, s.37.
- From the date of issue, LA must secure Section F (s.42(2)) and the school named in Section I (s.42(3)).
- Duty to secure is absolute: LA cannot rely on budget or capacity (Tandy [1998]).
- Appeal clock runs two months from the date of issue (or one month after mediation certificate).
- Covering letter must set out appeal rights, mediation requirement, and named mediation service (Code 9.71).
The "final" status is what makes the plan legally enforceable. From the date of issue, the LA must secure the special educational provision in Section F (section 42(2)) and the school named in Section I (section 42(3)). The duty is absolute: the LA cannot rely on budget or capacity as a reason not to deliver Section F provision (East Sussex CC, ex parte Tandy [1998]).
A final EHCP should arrive with a covering letter from the LA setting out: (a) the appeal rights and the two-month time limit; (b) the mediation requirement (on most grounds); (c) the named local independent mediation service; (d) the annual review date or expected timing. The Code of Practice 9.71 sets out the required content of the covering letter.
What parents most often need to check on the day a final plan arrives. Has every need from the draft and the assessment advice survived into Section B? Is every provision in Section F specific and quantified (or has the LA stripped detail from the working document)? Is Section I naming the school you preferred or, if not, has the LA given lawful reasons under section 39(4)? Is the personal budget figure (Section J) included if requested? Is the issue date correctly stamped? The appeal clock starts from that date.
If the final plan does not address what the working document agreed, or strips specificity from Section F, the response is to appeal within the two-month window. Once the appeal is lodged, the LA has its working document obligation reactivated and the negotiation continues with tribunal direction.
Related terms
The terms parents most often see alongside Final 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.
Draft EHCP
An LA-issued version of the EHCP sent to parents for comment before being finalised. Section I (school placement) is usually left blank and parents have 15 days to respond.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
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 with a final EHCP just delivered and a feeling that what is in it doesn't match what was agreed at working-document stage. Searches include "final EHCP doesn't match working document", "appeal final EHCP time limit", and "what to check on final EHCP". A Beaakon SEND solicitor or advocate can audit your final plan against the assessment advice and working-document trail, identify what has been stripped, and run the appeal, all within the two-month window.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, sections 37, 42 and 51
- The Special Educational Needs and Disability Regulations 2014, regulation 13
- SEND Code of Practice (DfE / DoH 2015), paragraphs 9.71 and 9.176–9.198
- [R v East Sussex CC, ex parte Tandy [1998]](https://www.bailii.org/uk/cases/UKHL/1998/20.html)
- IPSEA: final plan checklist