PART 3

Children and young people in England with special educational needs or disabilities

Education, health and care plans

Preparation of EHC plans: draft plan
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1
Where a local authority is required to secure that an EHC plan is prepared for a child or young person, it must consult the child’s parent or the young person about the content of the plan during the preparation of a draft of the plan.
2
The local authority must then—
a
send the draft plan to the child’s parent or the young person, and
b
give the parent or young person notice of his or her right to—
i
make representations about the content of the draft plan, and
ii
request the authority to secure that a particular school or other institution within subsection (3) is named in the plan.
3
A school or other institution is within this subsection if it is—
a
a maintained school;
b
a maintained nursery school;
c
an Academy;
d
an institution within the further education sector in England;
e
a non-maintained special school;
f
an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval).
4
A notice under subsection (2)(b) must specify a period before the end of which any representations or requests must be made.
5
The draft EHC plan sent to the child’s parent or the young person must not—
a
name a school or other institution, or
b
specify a type of school or other institution.