Stage 2 of 2
The EHCP
The Local Authority writes a draft EHCP and sends it to you. You can comment on it, they consider your comments (but they don't have to act on them), and then issue a final EHCP. The final EHCP also names the school your child will go to.
The EHCP is a legal document. Whatever help it describes, the Local Authority has to make sure your child gets — so the wording matters.
How this stage goes
The Local Authority sends you a draft EHCP
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The EHCP is split into sections, lettered A to K. Two matter most: and .
The section naming a school is left blank in the draft. You tell the Local Authority which school you want when you comment.
You comment on the draft and say which school you want
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Check that every need in section B has matching help in section F, and that the help is specific: who gives it, what it is, and how often.
You can send comments in writing, ask for a meeting with the Local Authority, or both.
For the school, you can ask for most state schools, academies, special schools and colleges, and some independent special schools. Visit if you can, and ask the school whether they think they can meet the needs in the EHCP.
The Local Authority asks the school
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The Local Authority sends the school the draft EHCP and asks if it can meet your child's needs. The school can say no, but the final decision is the Local Authority's, not the school's.
The Local Authority issues the final EHCP
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The final EHCP should reflect your comments, but the Local Authority doesn't have to accept all of them. If what's left isn't right, you can appeal.
The school goes in of the EHCP. The Local Authority must name the school you asked for unless:
- It isn't suitable for your child.“unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned”
- It would disrupt the education of other children.“incompatible with the provision of efficient education for others”
- There is a less expensive way of delivering the support your child needs.“incompatible with the efficient use of resources”
Children and Families Act 2014, section 39(4)
Check your draft EHCP with AI
Copy this prompt into an AI tool such as ChatGPT, Claude or Gemini, and attach the draft EHCP and the reports. It checks that every need in the reports has specific help in section F, and drafts your comments.
Before you upload anything, remove your child's name, date of birth and address, and check whether your AI tool uses what you upload to train itself. AI can get things wrong, so check anything important against the documents. This isn't legal advice.