Download a copy of the Requesting an Annual Review to be completed – failure to send [draft/ final] EHCP in time (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 [Area Manager’s name],
[Child or young person’s name], DoB [date of birth]: Failure to send [draft / final] EHCP in time, following an Annual Review
I am writing [as the parent of the above child / on behalf of the above young person] who has recently undergone an Annual Review on [add date].
Under Regulation 22(3) of the Special Educational Needs and Disability Regulations 2014 you are required to send out a copy of the finalised EHCP ‘as soon as practicable, but in any event, within 8 weeks of the local authority sending the letter stating its decision to amend the plan following annual review’.
This means that we should of received the final EHCP by [add date which is 8 weeks after the notice of decision letter] and our draft within this time allowing 15 days for my comments to be made.
[If you have received a draft EHC plan and given the LA your comments, but then have not received a final EHC plan, then say:]
[I am sorry to have to inform you that you are in breach of this legal duty on the grounds that more than 8 weeks have passed since the decision letter was sent and I have still not received the finalised EHCP.]
Please send a copy of the [draft / final] EHC Plan as soon as possible, but in any event within 5 working days of receiving this letter.
I look forward to hearing from you and trust that it will not be necessary to take this matter further.
[Or if on behalf of a young person:]
[Your name] on behalf of [name of young person]