Objecting to Proposed Amendments to Your Child's EHCP | EHCP Clarity
EHCP Amendment Guide

Objecting to Proposed Amendments to an EHCP

When the local authority proposes amendments to your child's EHCP — typically after an annual review — you have the right to make representations objecting to those changes before a final plan is issued. This guide explains the timescales, what you can object to, how to write effective representations, and what to do if the LA ignores them.

Draft my representationsEHCP working document guide

Quick answer

You have at least 15 days from receiving a notice of proposed amendments to make written representations to the LA. Object to any change in Section B (needs), Section F (provision), or Section I (placement) that does not accurately reflect your child's needs. If the final EHCP still does not reflect what your child needs, you can appeal to the SEND Tribunal within 2 months of the final plan date.

The legal framework for proposed amendments

After an annual review, the LA may propose to amend, cease, or maintain the EHCP unchanged. If it proposes amendments, it must notify the parent and give them at least 15 days to make representations — under Regulation 22 of the SEN and Disability Regulations 2014. The LA must consider those representations before issuing a final EHCP.

The LA is required to consider your representations but is not obliged to accept them. If the final EHCP does not reflect your child's needs, your remedy is to appeal to the SEND Tribunal once the final plan is issued.

What to focus your representations on

Section B — Needs description

This must accurately describe all of your child's SEN across education, health, and social care. Vague or incomplete descriptions lead to vague provision — if needs are not properly described, it is harder to challenge under-specified provision later.

Section F — Special educational provision

This is the most critical section. Every provision must be specific, detailed, and quantified — frequency, duration, who delivers it, and under what conditions. Vague wording (e.g. 'regular SALT') is harder to enforce than specific wording ('45 minutes of SALT, weekly, delivered by a qualified SALT therapist').

Section I — School placement

If the proposed amendment changes the school named, or removes the school entirely, you can object. The LA must name a school in Section I (unless no school is appropriate), and it must be a school that can meet the needs described in Section B.

How to object to proposed amendments

  1. 1

    Read the notice of proposed amendments carefully

    Compare the proposed amended EHCP to the current EHCP section by section. Note every change — deletions, additions, and rewordings. Even minor wording changes in Section F can affect what provision the LA is obliged to deliver.

  2. 2

    Identify changes you object to

    For each proposed change, decide whether it is acceptable, needs modification, or should be rejected entirely. Focus on Section F (provision) and Section B (needs) as these have the most direct impact. Section I (placement) changes can also be objected to.

  3. 3

    Gather evidence to support your representations

    Identify professional reports, school data, or other evidence that supports your position on each point. If you need an updated professional report, request it immediately — you have only 15 days to respond, so act fast.

  4. 4

    Write your representations

    Draft a structured letter addressing each proposed change. For each objection, state clearly what you want instead and why. Reference specific reports or evidence. Be polite but firm — this document may later be used in Tribunal proceedings.

  5. 5

    Submit within the 15-day window

    Send your representations to the LA's SEN caseworker before the deadline. Send by email and keep a copy. If you need more time, ask the LA for an extension in writing — many will agree to a reasonable extension.

  6. 6

    If representations are rejected, prepare to appeal

    If the final EHCP does not reflect your representations, note the date of the final plan — this starts your 2-month appeal deadline. Contact a mediation adviser immediately and begin preparing your SEND35A.

Why specificity in Section F matters

The most common mistake in EHCP representations is accepting vague Section F wording. Under the LA's duty in section 42 CFA 2014, they must deliver what Section F says. Vague wording — 'access to SALT support as needed' — is much harder to enforce than 'one 45-minute individual SALT session per week delivered by a qualified speech and language therapist'.

Vague Section F (resist this)

"[Child] will receive support from a teaching assistant to help with his learning needs."

Specific Section F (aim for this)

"[Child] will receive 1:1 TA support for 20 hours per week. This support will include: structured literacy intervention (Toe by Toe), daily 30-minute reading session, and in-class support during English and Mathematics lessons."

Representations checklist

  • You have compared the proposed amended EHCP to the current EHCP section by section
  • You have identified every change — deletions, additions, rewordings — in Sections B, F, and I
  • You know which changes you accept and which you object to
  • Your representations address each objection with specific wording and reasons
  • You have evidence (reports, data) to support each objection
  • You have submitted before the 15-day (or agreed extended) deadline
  • You have kept a copy of your representations and proof of submission
  • You know your Tribunal appeal deadline if the final EHCP does not reflect your representations

Common mistakes when objecting to amendments

  • Accepting vague Section F wording without pushing for specifics — vague wording is hard to enforce
  • Not comparing the proposed amendments word-for-word against the current EHCP
  • Missing the 15-day representations deadline — contact the LA immediately on receipt
  • Not referencing evidence in your representations — statements unsupported by reports carry less weight
  • Assuming the LA will amend if you object verbally — always put representations in writing

What your pack includes

  • EHCP amendment comparison tool — identifies every change between current and proposed EHCP
  • Representations drafting guide — structured prompts for objecting to each section
  • Section F specificity checker — highlights vague wording and suggests improvements
  • Evidence reference organiser — link reports to each representation point
  • Appeal transition guide — what to do if representations are rejected

Frequently asked questions

How long do I have to respond to proposed amendments?
You have at least 15 days from receiving the notice of proposed amendments to make representations to the LA. The LA must consider your representations before making any final decision on whether to issue a final EHCP. In practice, many LAs allow longer — but 15 days is the legal minimum and should be your baseline.
What can I object to in proposed amendments?
You can object to any proposed change to the EHCP — including changes to Section B (needs description), Section F (provision), Section I (school placement), or any other section. You can also object to the removal of provision or the failure to add provision that you believe is necessary.
What if the LA ignores my representations?
The LA must consider your representations but is not required to accept them. If the final EHCP still does not reflect your child's needs correctly, you have the right to appeal the final EHCP to the SEND Tribunal within 2 months of the final plan being issued. Start the mediation process immediately if this happens.
Can I appeal before the final EHCP is issued?
No. The right to appeal to the SEND Tribunal about the contents of an EHCP arises only after the final plan is issued. During the representations stage, you can only make written representations to the LA. If your representations are rejected, the final plan triggers your right to appeal.
What is the difference between a draft EHCP and proposed amendments?
A draft EHCP is produced at the end of an EHC needs assessment (before any EHCP has been issued). Proposed amendments are changes suggested to an existing EHCP — typically after an annual review. The process for objecting to both is similar, but proposed amendments arise under Regulation 22 of the SEN and Disability Regulations 2014.
Should I attend the annual review meeting?
Yes. The annual review meeting is your opportunity to discuss proposed changes in person and have your views formally recorded. If you cannot attend, submit written views beforehand and ask for them to be considered at the meeting. Attendance gives you the best opportunity to influence the outcome before proposed amendments are issued.
What if proposed amendments remove existing provision?
Removal of provision is particularly serious. Any reduction in Section F must be justified by evidence that the child's needs have changed. If you believe the removal is unjustified, state this clearly in your representations and provide evidence (professional reports, progress data, parent evidence) that the provision is still necessary.
How should I format my representations?
Write your representations as a structured letter or document addressed to the LA's SEN caseworker. Address each proposed change in turn. For each change you object to, state: (1) what the current wording says; (2) what the proposed amendment says; (3) why the current wording should be retained or why a different amendment is needed; and (4) any evidence that supports your position.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.