Question to the Department for Education:

To ask the Secretary of State for Education, what the statutory timescales are for production of an amendment to an Education, Health and Care Plan; and what guidance is provided to local authorities that do not adhere to those timescales.

Where the local authority proposes to amend an Education, Health and Care (EHC) plan, it must send the child’s parent or the young person a copy of the existing (non-amended) plan and an accompanying notice providing details of the proposed amendments, including copies of any evidence to support the proposed changes.

Following representations from the child’s parent or the young person, if the local authority decides to continue to make amendments, it must issue the amended EHC plan as quickly as possible and within 8 weeks of the original amendment notice. If the local authority decides not to make the amendments, it must notify the child’s parent or the young person, explaining why, within the same time limit.

The amended EHC plan should make clear which parts have been amended. Where an EHC plan is amended, the following review must be held within 12 months of the date of issue of the original EHC plan or previous review (not 12 months from the date the amended EHC plan is issued).

When sending the final amended EHC plan, the local authority must notify the child’s parent or the young person of their right to appeal and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support and disagreement resolution services.

Full guidance for local authorities is set out in the Special Educational Needs and Disability Code of Practice: 0 to 25 years.