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The Draft EHCP

What is a Draft Plan?

After an EHC Needs Assessment, if it is agreed that an EHC Plan (EHCP) is required, the Local Authority will first create a Draft EHCP. This stage is your opportunity to suggest any amendments to the Plan. You get 15 days to suggest these amendments and express a preference for an educational setting. After those 15 days, a Final EHCP will need to be issued in order for the Local Authority to meet their statutory duty.

Checking a Draft Plan:

The IPSEA guide contains lots of useful information on what needs to be in an EHCP, but it is also important for you to check the draft EHCP to ensure that the provisions/outcomes for You/Your Child are clearly set out and defined.

Click here to visit the IPSEA guide.


In an EHCP, Special Educational Provision must be specific. If there are words which are vague, these could be misinterpreted and may dilute the provision that is needed. Words and phrases like ‘regular' or 'as required’ can cause particular difficulties so should be avoided.

With regard to the outcomes detailed in the EHCP, these need to be SMART, as outlined in the list below:


Specific - who & what? - A clear statement of what is trying to be achieved.


Measurable - by how much? - How will you know when the change has occurred? Can the measurements be obtained


Achievable - How? Is there a realistic chance of reaching the goal?


Relevant - Why? Are they linked to the aims and goals of the Child or Young Person?


Time-Bound - When? - After what time should the goals be met?


It is important to remember that if an outcome is not Time-bound, it will be impossible for it to be Measurable!

Naming your preferred Education Setting:

The Education Setting will be named in Section I of the EHCP and will first be put in the Draft EHCP. Your views on naming a Setting must be considered by the Council. The Council will ask for your preference of Education Setting to be named and you can ask the for the following types to be considered:
  • A maintained school or nursery (mainstream or special)
  • An Academy (mainstream or special)
  • A Further Education setting (i.e a college or sixth form)
  • A non-maintained special school
  • A Section 41 (independent) school.
The Draft Plan is then sent to the named Education Setting to see if they can meet the child’s needs, this is called the consultation process.

If the Council decline to consult with the school of your choice, you can follow this IPSEA Guidance on what to do.
Click here to read the IPSEA Guidance.

For more information on Section 41 schools, you can check out this GOV.uk Data.
Click here to read the GOV.uk Data.