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.
review maintained
Following the review the Local Authority has decided to keep the EHC plan as it is. That is one of the three decisions it is allowed to make, and you can appeal it on the same ground as a refusal to amend.
Right to be notified within 4 weeks of the review
The LA must decide whether it proposes to keep the plan as it is, amend it, or cease to maintain it, and notify you, within 4 weeks of the review meeting.
If no decision arrived within 4 weeks of the review, chase it in writing.
Right to appeal a decision to keep the plan unchanged
Where the LA proposes to continue to maintain the plan in its current form, it must notify you of your right to appeal. It is the same ground as a refusal to amend after review.
Register your appeal within 2 months of the LA's decision.
Right to request an early review if needs change
You do not have to wait for the next annual review. If your child's needs have changed significantly you can ask for a review at any time.
Write to the LA requesting an early review, explaining what has changed.
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 →