EHCPs In School: What Do I Need to Know?

What is an EHCP?

An Education Health and Care Plan (EHCP) is a legal document for children and young people from birth to 25 years, who have special educational needs that cannot be met through SEN support in schools. It is a legal document that identifies Education, Health and Social Care needs, the outcomes sought and the provision required to meet those needs.

What is the difference between an IEP/ISP and an EHCP?

An IEP or ISP sets out a child’s goals for the school year, and any special support needed to help achieve them. An EHCP outlines any special educational needs that your child has. It also covers the provision that is required to meet those needs and the support your local authority must put in place. The EHC plan is a legal document, meaning that the local authority has a legal obligation to provide the support in the plan.

Who can apply for an EHCP

• Parents or carers can apply for a child or young person up to the age of 25
• A young person can apply for an EHCP themselves if they are aged 16 – 25
• Education providers or other professionals who support the child

What is the criteria for applying for an EHCP?

There are only two tests that an LA must consider when they receive a request for an EHC needs assessment.

• Whether the child or young person has or may have special educational needs.

• Whether they may need special educational provision to be made through an EHC plan.

If the answer to both questions is yes, the LA must carry out an EHC needs assessment. (Section 36(8) of the Children and Families Act 2014).

There is no additional threshold that needs to be met at this stage.

An EHCNA (Education Health and Care needs assessment) request needs to prove that the child’s needs are beyond what the school can provide. Otherwise, the local authority will not consider the request.

What are Special Educational Needs (SEN)?

Looking at SEN means looking at the challenges or barriers to learning a child experiences. These challenges may relate to a medical condition or something else, and can include:

• Reading and writing, for example due to dyslexia
• Cognition and learning
• Ability to understand things
• Behaviour or ability to socialise, for example, struggling to make friends
• Concentration levels, for example, due to ADHD
• The physical ability to do things such as writing
• Sensory challenges

There are two questions settings and/or LA need to consider when thinking about whether a child has SEN:

1. Do they have a learning difficulty or disability?
   
   
2. Does that learning difficulty or disability call for special educational provision to be made?

Legally, a child has SEN if they have a learning difficulty or a disability that needs special educational provision.

A child of compulsory school age or young person has a learning difficulty or disability if:

• They have significantly greater difficulty in learning than the majority of others of the same age.
  
  
• They have a disability which makes it difficult for them to use the facilities normally provided for others of the same age in mainstream schools or post-16 institutions.

Be aware of ‘masking’ and the impact on family life. It can be an indication of unmet SEN.

What are the stages of the EHCP process?

• EHC needs assessment request
  
  
• EHC needs assessment carried out (if agreed – can be appealed if not)
  
  
• Draft EHCP issued (if agreed – can be appealed if not)
  
  
• Final plan issued (naming the school) – can appeal content (Sections B&F) and Provision (Section I). You can also bring an appeal against Health and Social Care but the Tribunal can only make recommendations in respect of these and they must be brought alongside appeals for Sections B,F or I, they cannot be done independently.
  
  
• Review of plan annually

Who should be involved in the EHCP process?

A Local Authority must gather advice and information from the following as a minimum:

• Child’s parent or from the young person
  
  
• Educational advice (usually from the head teacher or principal)
  
  
• Medical advice and information from a health care professional
  
  
• Psychological advice and information from an educational psychologist
  
  
• Advice and information in relation to social care
  
  
• Advice and information from any other person the local authority thinks appropriate
  
  
• Where the child (or you as a young person) is in or beyond year 9, advice and information in relation to provision to assist the child/you in preparation for adulthood and independent living
  
  
• Advice and information from any person the parent/carer reasonably request that the local authority seek advice from

Parent and carers can ask the Local Authority to seek advice from anyone within education, health or social care, as long as it is a reasonable request. This could include a speech and language therapist, occupational therapist, physiotherapist, CAMHS.

Annual reviews

An EHCP must be reviewed at least annually and there are three possible outcomes from the review:

• To maintain the plan without any changes
  
  
• To make amendments to the plan
  
  
• Cease the plan

All three decisions can be appealed through the SEND tribunal.

In addition to annual reviews, there may be occasions where an early review is required. This could be when a child with an EHCP needs have changed and the plan no longer reflects their needs, or that their needs are no longer being met. You might also want to ask for an early review if the child is at risk, or has been excluded from school.

Phase transfers

This is when a young person moves from one phase of education to another and includes:

• Early years to school
  
  
• Infant to junior
  
  
• Primary to middle
  
  
• Primary to secondary
  
  
• Middle to secondary
  
  
• Secondary to post 16

Deadlines for completing the review (including amending the plan and naming a school) are as February 15^th in the year of transfer for all phases, except secondary to post 16, which is 31^st March (in the year they transfer).

Discussions, meetings and phase transfers need to be held early in the autumn term of the academic year they transfer. This allows time for the process to be completed and deadlines met.

Annual reviews from year 9 onwards should focus on what provision will be required to help prepare the child/young person for adulthood and should focus on some key areas:

• The child/young person’s aspirations and abilities
  
  
• Preparation for higher education, employment or training opportunities such as apprenticeships
  
  
• Support in understanding any benefits they may be entitled to
  
  
• Maintaining good health (physical and emotional)
  
  
• Preparation for independent living
  
  
• Living in society (transport, housing, benefits)
  
  
• Support in finding a job & careers advice

Download our EHCP Support Pack

For more information on the EHCP process, including how to obtain a plan and navigating appeals, click below to download our free support pack.