Failure to send copy of EHCP with proposed amendments or Final EHCP following Annual Review
Download a copy of the Failure to send copy of EHCP with proposed amendments OR Final EHCP not send following AR (template letter), or use the text below.
All of the parts of this letter in bold will need to be changed or deleted so that they are relevant to your situation.
[Your address and contact details]
[Area SEN Manager]
And by email to: [insert email address]
Dear [Sir or Madam],
[Child or young person’s name], DoB [date of birth]: Failure to send copy of EHCP with proposed amendments following Annual Review / Failure to send Final EHCP following Annual Review
I am writing as the parent of the above [child / on behalf of the above young person], who has an EHCP and [attends [name of school/college].
- Following our Annual Review on [insert date] I am writing to highlight that I have not received your written decision following the meeting. Please confirm within the next 2 working days of the LA decision: whether to maintain, amend or cease. As stated in Sen Reg 20(10) and 21 (9) this should have been received within 4 weeks of the Review meeting.
- I acknowledge receipt of your Amendment Notice dated [insert date of notice] but I have not yet received a copy of the EHC Plan with proposed amendments and any evidence supporting the amendments.
I do appreciate that there is no statutory timescale in which this should be delivered (Sen Reg 22(1) (2)) but it has now been [insert length of time] since you notified me that you intended to amend the EHCP.
I am aware that the SEND Code of Practice, 9.176 does state. “If the plan needs to be amended, the local authority should start the process of amendment without delay” and I believe that the delay in amending the EHCP is far beyond what could be considered a reasonable delay.
I understand that following representations from the child’s parent or the young person the local authority must send the finalised EHC plan to the child’s parent or to the young person; the governing body, proprietor or principal of any school or other institution named in the EHC plan; and to the responsible commissioning body as soon as practicable, and in any event within 8 weeks of the local authority sending a copy of the EHCP.
Because of the delays on your part the Annual Review process has not been concluded and I consider this to be frustrating my right to appeal.
Please ensure I receive a copy of the EHC Plan with proposed amendments and evidence supporting these amendments within 3 working days to avoid seeking legal advice.
[Or if on behalf of a young person:]
[Your name] on behalf of [name of young person]