Q:
Is the STATUTORY requirement to issue the FINAL EHCP no later than eight weeks after the date on the 'LETTER INFORMING THE INTENTION TO AMEND EHCP'?
I just want to make sure I understand this clearly. For us the intention to amend letter is dated Dec 4th 2024 and the draft EHCP was issued on Feb 7th 2025. It was returned on Feb 14th with a couple of amendments and our setting preference letter and form. Today is Feb 28th 2025. It has been over 12 weeks since Dec 4th 2024.
I have seem narrative that states "but no later than eight weeks after the initial amendment notice" AND "Within 8 weeks of sending the parents/young person proposed amendments to the Plan"
The former therefore means that the draft EHCP issuing process (with 15 days for parents to respond) are part of the 8 week timeline i.e. Intention to amend to issuing FINAL EHCP.
The latter would mean that the LA have 8 weeks from issuing the DRAFT EHCP (in our case from Feb 7th 2025).
A: SenseCheck
- 1 Yes
- 0 No
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- 28 Feb 2025
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Yes
Simple
In the case of R (L, M, and P) v Devon County Council [2022] EWHC 493 (Admin), the High Court addressed the statutory timeframes that local authorities in England must adhere to when amending Education, Health, and Care (EHC) plans following an annual review.
Background: The claimants, identified as L, M, and P, were children with EHC plans maintained by Devon County Council. Following their annual reviews, the local authority delayed issuing the proposed amendments to their EHC plans, taking nine weeks for L, fourteen weeks for M, and twenty-five weeks for P. These delays hindered the parents' ability to appeal perceived deficiencies in the finalised plans. The central issue was whether there is a fixed timeframe within which local authorities must notify parents or young people of proposed amendments to an EHC plan after a review
Judgment: Mrs Justice Foster DBE concluded that local authorities are required to:
- Notify parents or young people of their decision to amend the EHC plan, including details of the proposed amendments, within four weeks of the annual review meeting
- Issue the final amended EHC plan as soon as practicable, and in any event, within eight weeks of the initial amendment notice.
This establishes a maximum timeframe of 12 weeks from the date of the annual review meeting to the issuance of the final amended EHC plan. The judgment emphasised that arguments related to local authority resources do not influence the clear statutory duties outlined in the Special Educational Needs and Disability Regulations 2014. The decision aims to ensure timely updates to EHC plans, reflecting the evolving needs of children and young people with special educational needs.
Sean Kennedy
Talem Law
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