Know Your Rights
Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.
draft ehcp
You have received a draft EHC plan. This is a critical stage - the draft sets your child's legal entitlements. You have 15 days to comment.
Right to 15 days to comment on draft
You must be given at least 15 calendar days from receiving the draft to give your views and make representations.
Read the draft carefully and send written comments within 15 days.
Right to request a particular school
You can request that a particular school, college, or institution is named in Section I of the plan.
Name your preferred school in your response to the draft.
Provision must be specific and quantified
Section F (provision) must specify the type, hours, and frequency of support. Vague terms like 'regular' or 'access to' are not sufficient.
SEND CoP 9.69; case law: L v Waltham Forest [2004]
Check every provision is specific (e.g. '3 hours per week'). Challenge vague wording.
Every need must have matching provision
Each need identified in Section B must have corresponding specific provision in Section F. A need without provision is unlawful.
Cross-reference Section B and Section F. Flag any gaps.
Right to request a meeting
You can request a meeting to discuss the draft plan with the LA.
Request a meeting if you want to discuss changes face-to-face.
Cross-cutting rights
Some rights apply across the whole EHCP journey, not just at one stage.
- Recording calls with the LA or school — your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.
Key Legislation
Children and Families Act 2014
The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.
Read on legislation.gov.uk →SEND Code of Practice 2015
Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.
Read on gov.uk →