Education, Health and Care Plans

 An Education Health and Care Plan is a legal document for children aged 0-25 that outlines a child or young person's needs, the support they require, and the outcomes they want to achieve. Our experienced team is here to assist with every stage of the EHCP process, from assessment to implementation ensuring that every child receives the appropriate support and services outlined in their plan. 

Education, Health and Care Plans

Although an EHCP is the 'gateway' to increased levels of support, this is not often the case. In many situations we often see unlawful decisions being made, significant delays in the assessment process, poorly written Plans and failure to implement the provision described. So what in law is a document to ensure a child's needs are met, in reality, this does not always happen.

Here are some useful tips to ensure your child's needs are appropriately, assessed, identified and the right provision is in place for them.

1. Requesting a Plan. 

If you think your child has Special Educational Needs and is not making progress then you are probably right. In the first instance, it is always helpful to discuss your concerns with your child's educational provider, however, they may not always be supportive because they do not know the law and/or the Local Authority has unlawful policies in place. Do not be 'put off' by this as you can still request an EHCP even if your school does not agree. Remember the 'legal test' is:

• whether the child or young person has or may have Special Educational Needs (SEN); and
• whether they may need Special Educational Provision to be made through an EHC plan. 

2. Observing the timeframes

Weeks 1 - 6

• The Local Authority must respond to confirm whether or not it is going to carry out a full needs assessment within 6 weeks of your request. 

If it does not agree to carry out an assessment, you can Appeal. If it does not respond to your request, you can complain.

Weeks 6-12

• If the Local Authority agrees to carry out an assessment, it must seek advice from from a range of professionals, including an Educational Psychologist and anybody you request advice from, so long as it is reasonable. This evidence must be gathered before the 12th week of the request. Waiting lists and lack of available professionals are not reasons for this timeline not to be met.  

If there are delays in gathering evidence then you can complain.

Weeks 12-16

• If the Local Authority has agreed to issue a Draft EHCP then it must do so before week 14. It must send a copy of the Plan, along with the reports, to all those who contributed to it. It must also give you 15 days to make written or  should oral representations, including your right to express your preferred school. This is a good opportunity to ensure all professional recommendations have been included, there are clear and specific and you fully understand the contents of the Plan.

• Once the preferred school has been identified then the Local Authority must consult with it and the school must respond within 15 days

• If the Local Authority do not agree to issue an EHCP then it must inform you by Week 16. If you disagree with this decision you can Appeal. If it does not respond you can complain.

Weeks 17-20

• The final EHCP must be issued before the 20th week. There are very few exceptions to exceeding this deadline, however, staff shortages and waiting lists are not acceptable reasons.

• Once you receive the final plan the Provision outlined in it is enforceable and therefore must be delivered. If it is not, you can complain.

• If you are not happy with the contents of the Plan then you can Appeal.

• If the provision is not being delivered you can complain

Remember, a Plan must be easily understood clear and specific. You need to understand what is being delivered, who is delivering it, how it is being delivered and where it is taking place. None of the provision listed should be vague, open to interpretation and unquantified.

If you have any concerns regarding Section B, D, F, H and I then you can appeal. Please note you cannot Appeal sections D and H without appealing either B, F and/or I.