Education, Health and Care Plans

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An Education, Health and Care Plan, commonly known as an EHCP, can be an essential part of securing the right support for a child or young person with special educational needs, in England.

EHCPs only apply in England. If you are based in Wales, then please refer to our IDP page

An EHCP sets out a child’s individual needs and the provision that must be put into place to cater for those needs. Once issued, the special education provision specified in the plan has legal force, making it important that the EHCP accurately reflects what your child needs, and is written in a clear and quantified way so that it can be enforced.

Getting an EHCP in place is not always straightforward. Local authorities can refuse to assess a child, decide that an EHCP is not necessary, and/ or issue a plan that does not properly reflect the support your child requires.

If you disagree with a decision, you may have the right to challenge it through the First-tier Tribunal

Getting the detail right matters

An EHCP needs to be more than a description of a child’s difficulties. It should clearly identify the support and provision required to meet their individual needs.

The wording used within an EHCP can therefore make a significant difference. Provision should be clear, specific and sufficiently detailed so that everyone understands what support should be provided, how often it should be provided and, where appropriate, who is responsible for delivering it.

If the wording is unclear or lacks sufficient detail, it can become much more difficult to ensure that the provision your child needs is actually delivered.

Our specialist education solicitors can help you understand your child’s rights, challenge decisions that do not reflect their needs and work with you to ensure their EHCP provides the appropriate support.

If you feel your child’s needs are not being properly recognised or supported, we are here to help you understand your options and take the next step.

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When should the local authority assess my child?

If you believe your child may have special educational needs that require additional support, you can ask your local authority to carry out an EHC needs assessment.

The legal threshold for an assessment is relatively low. The local authority should consider whether your child has or may have SEN and whether it may be necessary for special educational provision to be made through an EHCP.

The local authority should make its decision within six weeks of receiving your request.

If the local authority refuses to assess your child, you may have the right to challenge that decision through the First-tier Tribunal (SEND).

How long does an EHCP take?

There is a statutory timescale for the EHCP process. Where an assessment is agreed, the local authority should normally issue a final EHCP within 20 weeks of the original request for an assessment.

The process generally follows this timetable:

Weeks 1 to 6
The local authority considers whether an EHC needs assessment should take place.

Weeks 6 to 16
The assessment takes place, with information gathered from parents, professionals and your child’s education setting.

Weeks 16 to 20
If an EHCP is considered necessary, the local authority prepares and issues the final plan.

Unfortunately, these timescales are not always met. Delays can leave families waiting for essential support and, in some circumstances, there may be further steps available to challenge unreasonable delays.

What can I appeal to the SEND Tribunal?

If you disagree with certain decisions made by your local authority, you may be able to appeal to the First-tier Tribunal (SEND).

What decisions can be challenged?
Depending on the circumstances, you may be able to appeal a local authority decision about:
• Refusing to carry out an EHC needs assessment
• Refusing to issue an EHCP following an assessment
• The description of your child’s special educational needs
• The special educational provision set out in the EHCP
• The school or type of school named in the plan
• Refusing to amend an existing EHCP
• deciding to cease the EHCP

There are specific deadlines for bringing an appeal, so it is important to seek advice as soon as possible if you disagree with a local authority decision.

The rules surrounding appeals can be complex, particularly where mediation is involved. We can explain your options, help you understand the relevant deadlines and advise you on the best way forward.

How can we help?

An EHCP should accurately reflect your child’s individual needs and the support they require. Getting the detail right can make a significant difference to the help they receive.

We can review your child’s circumstances and existing evidence, identify areas where further information may be needed and advise on the provision that should be included in their EHCP.

Where an appeal is necessary, we can help prepare your case, communicate and negotiate with the local authority and represent you throughout the tribunal process.

Our aim is simple: to help you understand your child’s rights and make sure their needs are properly recognised and supported.

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