EHCPs
What is an Education Health and Care Plan (EHCP)?
An EHC plan is a legal document that sets out the needs of a child or young person, the support that they require and the outcomes they wish to achieve.
Once an EHC plan is in place the local authority a child or young person lives in is required to provide the support that is specified within the EHC plan.
A local authority will carry out an Education Health Care (EHC) needs assessment to determine whether a child or young person needs an EHCP.
There are statutory timeframes which a local authority must abide by throughout the EHC plan process. This does not always happen.
Does my child need one?
The law is clear that not every child who has a diagnosed need, such as ASD or ADHD, or requires some additional support in their educational provision requires an EHC plan.
The legal test (section 36(8) of the Children and Families Act 2014) for starting the assessment of whether an EHC plan is required is that:
- a child or young person has or may have special educational needs;
- it may be necessary for special educational provision to be made for the child/ young person through the issuing of an EHC plan
If your child is struggling at school or the school are putting in large amounts of support in order for them to make progress, it may be necessary to apply for an EHC needs assessment, so that it can be determined whether your child requires an EHC plan.
Your child’s school can make a request for an EHC needs assessment or you can put in a parental request for one.
The local authority will then make a decision on whether to begin the assessment. If they decide not to they must inform you of the decision and why they have made this decision.
I can talk through your concerns and whether there is currently enough evidence to apply for an EHC needs assessment. I can either guide you to be able to request this yourself or I can complete the process for you.
At each stage of the process the local authority will make a decision and you have the right to appeal against the decision if you disagree with it. There are several routes that can be taken and I can advise you of these and complete the process with you.
What happens next?
Once an EHC needs assessment has been completed the local authority will decide whether there is evidence that your child requires an EHC plan. The assessment must show that your child requires over and above what a mainstream school can be expected to provide within their ordinarily available resources.
Our SEND Consultant, Hannah Henderson can talk you through the decision and your right of appeal against it if you disagree.
Draft EHC plan
Once you have a draft EHC plan it is important to check through it to ensure that the local authority has used appropriate wording and the final EHC plan will be a robust document.
You also have a right at this stage to request which school you would like named in the EHC plan, which is the school you would like your child to attend.
I can check through the document for you and make suggested amendments.
Final EHC plan
The local authority does not have to agree with all the changes you have asked for in the EHC plan and they may send you a final EHC plan that you disagree with. They may also name a school that you disagree with.
I can advise you of your rights at this stage and complete the process for you.
Advocacy Services
Your child may already have an EHC plan and you may need support liaising with the local authority for a number of reasons including following an annual review or moving between local authorities.
I can advise you on how to respond to the local authority or I can correspond with the local authority on your behalf.