What is an EHCP?

Some children with special educational needs (SEN) in England need more help than a mainstream school, college or nursery would normally provide at the level of SEN support. These pupils can receive support through an Education, Health and Care Plan (EHCP).

An EHCP is a legal document that describes a child or young person's special educational, health and social care needs. It then explains the extra help that must be given to that child or young person in order to meet those needs. Importantly, EHCPs should be centred around what children and young person would like to achieve in their lives. It should help them fulfil their personal objectives. Therefore, where a child or young person has an EHCP, their voice (when 16 and above) or that of their parents should be at the centre of the conversation that leads to its creation and maintenance.

An EHCP can be issued to a child or young person between the ages of 0 and 25.

EHCPs have two key diffrences as compared to SEN Support. Firstly, EHCPs should clearly set out the child or young person's SEN and what provision is required to meet those needs. The Local Authority (LA) then has a legal duty to ensure that this provision is provided. A legal remedy can be pursued if this does not happen. The EHCP can then follow the child or young person from one educational setting to another, where they transition between two phases of education (e.g. from primary to secondary school) or whether they move area. Secondly, if an EHCP does not include all the provision a child or young person needs, the parent or young person (if over compulsory school age) can engage in a mediation process with the LA and/or appeal to the SEND Tribunal and ask for further provision to be included in it.

 

How do I get an EHCP?

A parent, a child’s education setting or a young person – if aged over 16 – can ask a local authority to carry out an EHC needs assessment. This is the first step in applying for an EHCP.

Legally, the local authority must assess a child or young person where a needs assessment is requested, "if, after having regard to any views expressed and evidence...the authority is of the opinion that –

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made of the child or young person in accordance with an EHC plan."

This is laid out Section 36(8) of the Children and Families Act 2014 – a law that applies in England and Wales.

During a needs assessment, the local authority must seek information and advice on a child or young person’s needs, the provision required to meet those needs, and the outcomes expected to be achieved by the child or young person. This advice may come from a range of different people, including the child’s parent and the young person, and a number of professionals.

After carrying out a needs assessment, the local authority must use the evidence it has gathered as part of the EHC needs assessment to make a decision about whether to issue an EHC plan. The legal test which the LA must apply is found in section 37(1) of the Children and Families Act 2014 which says:

"(1) Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan -

(a) the local authority must secure that an EHC plan is prepared for the child or young person, and

(b) once an EHC plan has been prepared, it must maintain the plan.”

Therefore the LA must decide, on the basis of the evidence from the EHC needs assessment, whether it is necessary for the child or young person to have an EHC plan.

Where the local authority decides to carry out a needs assessment and then issues an EHC plan, this process must take no longer than 20 weeks. However, the process can take longer than this. There are two key ways in which the process can be delayed:

1. The LA decides not to carry out a needs assessment
2. Once the needs assessment has been carried out, the LA decides not to issue an EHC Plan

In each of these instances, if the parent or young person applying for an EHCP disagrees with the LA’s decision there are two ways to challenge it. Firstly, the child or young person applying for the EHCP can seek mediation with the LA. Secondly, they can appeal to the First-tier Tribunal of the Special Educational Needs and Disability (SEND) Tribunal. This is an independent national tribunal which hears parents' and young people's appeals against LA decisions about the special educational needs of children and young people. Lambeth IASS can support parents and young people through these processes.

If you are a Lambeth resident and would like to find out more about EHCPs, don’t hesitate to get in touch.