It’s less work to do on the Working Document
When the draft Education, Health and Care Plan (EHCP) arrives, you have 15 calendar days to respond. This isn’t just a review it’s your opportunity to shape the foundation of your child’s support. Every brick matters, and mediation is one of the strongest tools in your parent tool kit – if the LA do not do what they are required in Law to do, when amending to make it legally enforceable!
Even if the Educational Psychologist (EP) report lacks SMART detail, the Local Authority (LA) is legally obligated to make Section F enforceable. Under Section 42 of the Children and Families Act 2014, they must secure provision not just describe it.
So when the LA says: “That’s not what the EP reported.” You can respond with confidence:
“The duty in law is to specify and quantify provision, regardless of how the EP phrased it.”
When Amendments Are Rejected: What Happens Next?
If the LA refuses your amendments and issues a final EHCP, which is fast becoming the norm, you have the right to request mediation. This is not a detour it’s a strategic step forward for them but an important step for you too! At this stage DO NOT think you have failed. You most certainly HAVE NOT!
Legal Duties in Mediation
- The LA must attend with a decision-maker present someone who can agree changes.
- Mediation must be offered within 30 days of your request.
- You retain the right to appeal to the SEND Tribunal whether or not you attend mediation.
Why Mediation Is Never Wasted
Mediation is about progress, not perfection. Every gain whether it’s clearer wording, added provision, or agreed review points -moves you closer to a lawful, needs-led enforceable EHCP.
Think of it as bricklaying:
- Each SMART amendment is a brick.
- Each meeting is mortar.
- Each mediation is a scaffold.
Together, they build the structure your child needs.
Tools to Help You Respond
We’ve created resources to guide you through every step:
- Draft Review Toolkit: Templates for SMART amendments
- Meeting Scripts: Language to challenge vague provision
- Statutory Guidance Summaries: Know your rights, quote the law
- Mediation Prep Pack: What to expect, how to prepare
Explore them all at here: SEN Parent Resource Hub | Tools, Guides & Support
Need help with reviewing your Draft and preparing for Mediation from a trained professional who is also a SEND parent? Book here:
Booking – SEN Parent Support Group for a 1:1 mentor support call
Booking – SEN Parent Support Group for a 1:1 EHCP draft review with mediation preparation included
Working Document & Tribunal Support – SEN Parent Support Group for the next steps!
It’s a Journey
This isn’t just a process it’s a destination. And every step, every brick, every conversation matters.
You’re not just reviewing a document. You’re building a future.
Together, we lay the foundation. Together, we reach the destination.
“Navigating the SEND educational journey for better outcomes, TOGETHER”™
Communicating With School
All Things EHCP
- LETTER: To LA When Annual Review Draft Has Not Been Received
- RESOURCE: EHCP Draft – SEN Parental Checklist
- GUIDANCE: Educational Psychologist Directives Whilst Assessing For EHCPNA
- RESOURCE: Refusal To Issue EHCP – What To Do Next
- LETTER: To The LA When They Have Not Confirmed Needs Assessment Within Statutory Timeframe
Attendance, Exclusions & Sanctions
- GUIDANCE: Exclusions Fixed Term or Permanent
- LETTER: To School When They Fail To Progress After Part Time Time-Table
- VLOG: How To Communicate To Prevent The Threat of Fines!
- GUIDANCE: Government Guidance on Suspension/Exclusion – England
- RESOURCE: Parent Admin – Spreadsheet for recording school events.
