DfE launches consultation on doubling EHCP timescales
Joe Lepper
Thursday, June 16, 2022
The government is considering doubling the time limit for councils to amend education, health and care plans (ECHP) for children with special educational needs and disabilities (SEND).
Currently local authorities must amend plans within four weeks of a review meeting. This time limit had been confirmed by the High Court in March this year.
But under proposals put out for consultation this week, the Department for Education is considering doubling this limit to eight weeks.
This could include a two-stage process for amending plans, with councils having to confirm they intend to make changes within four weeks of a review meeting, then issue “draft proposals for amending a plan” within eight weeks.
Also being proposed is for councils to ensure that any advice and information used ahead of the meeting for each case should be circulated three weeks beforehand, rather than the current time limit of two weeks.
The High Court judgement in March clarified 2014’s Special Educational Needs and Disabilities Regulations that said councils must amend plans within four weeks after a review meeting. The government says that prior to this judgement it had been assumed that councils had to amend plans “without undue delay”.
The government pledge to consult on ECHP timescales comes following the publication of the SEND Review that outlined wider proposals to overhaul support for children.
A factor in increasing time limits for councils comes as most “are already experiencing growing pressures on their EHCP processes” due to a rise in the number of plans, said the DfE.
The total number of children with EHCP in place has increased by 40,000 according to official figures released last month.
As of January 2022 there were more than 473,000 plans in place, most of which would have been subject to an annual review last year.
The number of children subject to plans and statements, which predated their introduction, has increased each year since 2010.
The consultation closes on 10 August.