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EHC Plan Content Appeals: Part 1

Updated: Jun 26


Appealing sections B (needs) and F (provision) of an EHC Plan

This is Part 1 of a 3 Part blog post on appealing Education Health and Care Plans ("EHCPs"). This blog focuses on appeals against Sections B (Needs) and F (Provision), whilst Part 2 considers extended appeals that include Sections C and G (Health) and D and H (Social Care) and Part 3 looks at Section I (Placement). General guidance on time limits and the requirement for mediation can be found in the blog posts on Refusal to Assess Appeals and Refusal to Issue Appeals.


If you are unhappy with the content of an Education Health and Care Plan (“EHC Plan”) following an Education Health and Care Needs Assessment (“EHCNA”) or Annual Review (“AR”), you can appeal to the First Tier Tribunal SEND (“the SEND Tribunal”). Of the eleven sections in an EHC Plan (A to K) you can appeal eight of them and this blog post looks at the two most frequently appealed: Section B (Needs) and Section F (Provision).


Section B of an EHC Plan describes the child or young person's Special Educational Needs ("SEN"). It should provide a comprehensive account of the needs, which must be specific, clear, and detailed. If the wording in the EHC Plan is vague or incomplete, there is a danger that it will not accurately represent your child’s needs, which is likely to lead to inadequate support. In particular, there should not be more strengths than needs listed in this section (it is debatable whether there should be any strenghts at all) and any strengths should be carefully checked to ensure that they are not so heavily qualified that they are in fact needs.


Section F of an EHC Plan sets out all of the Special Educational Provision required to meet the SEN identified in section B. Each and every need in Section B should have a corresponding provision in Section F. The SEP should be specified and quantified, which will usually mean stipulating in terms of the type, hours and frequency of support as well as the number of students to whom it is being delivered and the training/qualifications of the person delivering it (if appropriate). Often EHC Plans will contain what are commonly known as 'weasel words and phrases', such as opportunities, regular, access to and benefit from. These words make it hard for schools and families to understand the level of support that children and young people should be being provided with, and in turn make it difficult for families to challenge that support if they feel it is not enough.


Where the local authority opposes the appeal, they should also send to the parents (or their representative) a Working Document ("WD"). This is a Word version of those sections of the EHC Plan which are under appeal and which can be amended by both parties in the run-up to the Final Hearing. The idea is that successive versions of the WD will be exchanged between parents/carers and the local authority to try and narrow down the issues that the Tribunal will need to decide. The Tribunal provides a key showing how changes should be reflected in the WD, and it is important to follow the key as it is not unusual to end up with 10 or more versions of the WD during the course of an appeal.


If it is not possible to reach an agreement with the local authority about the contents of the EHC plan, the appeal will proceed to a Final Hearing before a Tribunal, which will have at least two memebers and often three (for extended appeals). Tribunals do not give their decision on the day of the Hearing, but you should receive written notification within 10-working days. There are time limits set down in law regaridng the time the local authority has to comply with Tribunal orders and if they fail to do so, you can complain to the local authority, to the Local Government and Social Care Ombudsman ("LGSCO") and ultimately initiate Judicial Review proceedings.


If you feel that Sections B and/or F of your child or young person's EHC Plan is not fit for purpose and you would like advice on appealing it and support in securing suitable education contact us today.





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