Most parents assume that once their child has an EHCP, that plan is secure. They think any change to it will be backed by evidence, professional reports, and a proper legal process.

Unfortunately, that isn’t always what happens.

Across the country, some local authorities are issuing unlawful amendments, stripping out support, and rewriting plans without following the rules. Many parents don’t know the signs, which leaves them vulnerable to illegal changes that can dramatically affect their child’s education and wellbeing.

This guide explains what an illegal EHCP looks like, the red flags to watch for, and why the law is firmly on the side of parents when plans are altered without evidence.

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1. When an EHCP Is Amended Without a Needs Assessment or Evidence

The law is clear:
An EHCP can only be changed if the local authority has new professional evidence to justify that change.

If provision is removed or watered down without input from:

• Educational psychology
• Speech and language therapy
• Occupational therapy
• Medical professionals
• The school
• Or any updated assessment

…then the amendment is unlawful.

Common example:
Parents receive an amendment notice out of the blue, but no updated reports have been gathered. Section F suddenly changes without evidence behind it.

If there’s no assessment, no new evidence, and no professional justification, the LA cannot legally amend anything.

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2. When the LA Removes or Weakens Section F Provision

Section F — the provision section — is the heart of the EHCP.
It must specify:

• What support is provided
• How often
• Where
• By whom
• And what training staff must have

If provision suddenly becomes vague, disappears, or transforms into phrases like “access to,” “as required,” or “where appropriate,” that’s a red flag.

ILLEGAL examples include:

• Replacing “1:1 support for 20 hours per week” with “access to adult support”
• Removing speech therapy, OT, or medical care without evidence
• Taking out sensory regulation support
• Removing personal care or toileting assistance
• Changing specialist placement to mainstream without assessment

EHCPs must be specific and quantified. Vague wording = unlawful.

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3. When the LA Issues an Amendment Notice Without Sending a Draft First

The legal process for amending an EHCP is:

1. Notify parent
2. Issue a draft EHCP
3. Parent comments
4. Final EHCP is issued

If you received:

• Only an amendment notice
• NO draft
• NO chance to comment
• NO consultation

…that’s an illegal amendment.

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4. When the LA Removes the Named School Without Consultation

The school named in Section I cannot be changed unless:

• The LA consults the school
• You are informed
• Evidence is gathered
• You have an opportunity to respond

If the school simply disappears, or changes from specialist to mainstream without explanation, that is unlawful.

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5. When Provision Is Removed While Your Child Is Out of Education

If a child is:

• Out of school
• Unable to attend due to anxiety, SEN or medical needs
• Or waiting for a placement

…the LA has a legal duty to increase support, not remove it.

Stripping an EHCP during a period of non-attendance is one of the clearest signs of an illegal process.

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6. When the LA Cannot Produce the Evidence Behind the Change

If you request:

• the assessment reports
• the professional advice
• the decision-making documents
• the evidence for each amendment

…and the LA cannot provide it, that is another red flag.

A simple Subject Access Request (SAR) often exposes that no evidence existed, and the EHCP was altered unlawfully.

7. When the Plan Has Been Altered for Cost-Cutting Reasons

The law is explicit:
Support cannot be removed because it is expensive.

Yet this is often the real reason behind illegal amendments.

Signs of this include:

• Therapy cut due to “budget constraints”
• Specialist placement removed because “mainstream is cheaper”
• 1:1 support downgraded to generic “classroom support”

Cost can never justify a reduction in provision.

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8. When You Were Misled, Rushed or Pressured

Another form of unlawful practice:

• Short deadlines
• No explanation
• Being told you “must sign” immediately
• Being told the plan cannot be challenged
• Being told the changes “aren’t appealable”

You always have a right to appeal once a final EHCP is issued — this cannot be taken away from you.

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Real-Life Example of an Illegal EHCP

A parent asked their LA for the information held on record about their child.
Instead of answering, the LA issued an amendment notice and stripped the plan bare:

• Medical needs deleted
• Toileting support removed
• All Section F provision wiped
• Named school removed
• No draft
• No consultation
• No new evidence
• No needs assessment

This is the textbook definition of an illegal EHCP amendment.

The parent froze the process with a SAR, and once the LA was forced to disclose documents, it became clear there was no evidence supporting the changes.

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What To Do If You Suspect Your EHCP Has Been Altered Illegally

• Ask for all evidence behind every amendment
• Submit a Subject Access Request
• Request all reports used to justify changes
• Keep everything in writing
• Do not agree to vague wording
• Appeal the final EHCP if needed

You are not powerless.
The law is on your side — not the LA’s.