Education, Health and Care Plans ("EHC Plans") are legal documents that describe a child or young person's Special Educational Needs (“SEN”) and set out the Special Educational Provision (“SEP”) required to meet those needs. They can also include health and social care needs which relate to the child or young person’s SEN. The first step to obtaining an EHC Plan is to request an Education Health and Care Needs Assessment ("EHCNA") from the local authority. EHC Plans are available for children and young people from birth to 25 years, although they do not cover support at university degree level.
There is no set format that than EHC Plan has to take, but it must contain specific sections. These are:
Section A: The views, interests, and aspirations of the child and their parents, or the young person.
Section B: the child or young person’s SEN.
Section C: the health care needs which relate to the child or young person's SEN.
Section D: the social care needs which relate to the child or young person's SEN or a disability.
Section E: the outcomes sought to be achieved through the EHC Plan; including short-term targets set by the institution attended by the child/young person.
Section F: the SEP necessary to meet the SEN.
Section G: any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN.
Section H: any social care provision which must be made for a child (under 18) under s.2 of the Chronically Sick and Disabled Persons Act 1970 (H1) and/or any social care reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN (H2)..
Section I: the name and type of the placement to be attended by the child or young person.
Section J: where there is a Personal Budget, details of how it will support particular outcomes the provision it will be used for and arrangements for any direct payments which are to be made.
Section K: copies of all of the advice and information obtained as part of the EHCNA.
EHC Plans are living documents and as such they must be reviewed at least once a year at an Annual Review. It is possible to challenge most of the content of an EHC Plan by bringing an appeal to the First Tier Tribunal SEND, but this does not include the sections relating to views (A), outcomes (E) personal budges (J) or appendices (K). Local authorities have an absolute duty to deliver the provision in section F of an EHC Plan, and failure to do this is unlawful and leaves them open to potential actions for Judicial Review.
SEND Advocacy can support you with requesting an EHCNA and advise on whether your child or young person's EHC Plan accurately and comprehensively reflects their needs and contains the provision required to support them. If you need someone in your corner to help you secure the education your child or young person deserves, contact us today.
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