Whether or not the parent or young person has made a request for a particular school/setting, before a school/setting can be named on an EHCP the Local Authority (LA) must consult the governing body.

The school/setting should respond within 15 calendar days (9.83 SEND Code of Practice 2015)

If the school or other institution is maintained by another LA, that LA must also be consulted, although, the final decision rests with the home LA.

The LA must proceed to make a decision (even in the absence of a response from the school or other institution within 15 calendar days) and issue the final EHCP:

• within 20 weeks of receiving the request to carry out an EHC needs assessment or of the LA becoming responsible
• within 8 weeks of issuing a draft amended EHCP following an Annual Review