Frequently asked questions (EHC plans)

 

 


An EHC plan describes your child’s educational needs, and the help they will get to achieve their ambitions.

An EHC plan can include any health and care support your child needs.

It is a legal document written by the local authority for children and young people whose needs cannot be met by the support that is usually available at their school or college.

Most children with special educational needs will have their needs met through extra support provided by the education setting. This is known as SEN Support and can include a wide range of provision and interventions. You can read more about SEN Support in our web pages.

However, if an educational setting has exhausted all the possible support options and a child/young person is still not progressing as expected it might be appropriate to request an Education, Health and Care (EHC) needs assessment (the first stage)

The local authority will expect to see evidence of what, if any, progress has been made and that school that have done everything they can to help your child make progress.

If your young person with SEN is not in education but wants to be, requesting an EHC needs assessment may be an appropriate first step.

The Code of Practice says ‘A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.’ (9.3)

Where the setting has exhausted all possible support options, or is unable to maintain the required level of support without the help from the local authority, they can use this information as evidence within their request for an EHC needs assessment.

Chapter 9.14 of the Code of Practice details the information a local authority must consider when deciding whether to assess.

The Code also says that a local authority, whilst applying their own criteria when deciding whether to assess, ‘must be prepared to depart from those criteria where there is a compelling reason to do so…’ (9.16)

As assessment is the first step towards a plan, see also response to question 15.

Ideally you would be working with school/nursery/college on making a referral to the local authority for assessment.

However, as a parent, you have the right to request an EHC needs assessment directly with the local authority.

As the educational setting will be quickly contacted to provide  information within 15 days, we would recommend you let school know you have, or are planning to make a request.

Where your child is aged between 16 and 25, they also have a right to request an EHC needs assessment.

Making a request is easy, you can do this in writing, by phone or email. 

The local authority will take some basic information from you including your child’s name, date of birth, where they go to school; and family information including address, and contact details for you and anyone else that has parental responsibility.

You will be sent a Family Views form to complete within 15 days. 

From start to finish the process is 20 weeks. The initial stage where the local authority decides whether to carry out an assessment takes six weeks.

View the timeline for the process.

It is really helpful to find out why the local authority reached this decision. You can ask them for a meeting, including school to discuss their reasons.

It could be that they have identified some support that school can put in place without an EHC plan for example.

You have the right to mediation and appeal, your letter will explain this and we can offer further advice and support.

We have some useful step-by-step information on our family views webpage.

We can support you throughout the process of an EHC plan. You can contact us by phone, text or email to get some help.

We would also recommend you let the local authority know about your difficulties, as you may find it helpful to meet with them to get your views across in person (see below Q 19 co-production meetings)

We can help you with preparing for a meeting, sometimes we may attend with you and would always speak with you firstly about what you want to say.

Our aim would be to help your build your confidence, so that you feel able to participate in meetings.

You could take a friend or family member along for support, but always let school (or the local authority) know who will be going so they can make sure the room can accommodate all of you.

The local authority will let you know their decision in writing, within 6 weeks of the request.

They will contact you before seeing your child within the first six weeks (the assessment phase) and let you know when your child will be assessed.

You can ask any questions about what their assessment will entail.

The Code of Practice says:

‘Advice and information requested by the local authority must be provided within six weeks of the request, and should be provided more quickly wherever possible, to enable a timely process. (This is subject to the exemptions set out in paragraph 9.42.)’  (9.52)

You may find that the local authority finalise the EHC plan without this advice in order to meet the lawful timescales, and agree to amend the plan when the advice is received.

You could contact your health practitioner (or to the Clinical Commissioning Group) to request an earlier appointment, to enable the advice to be provided within their 6-week deadline.

The local authority must seek advice from social care as part of the assessment process.

Where any related social care needs are identified, these would become part of an EHC plan for a child.

Any health or social care provision which educates or trains your child must be included within educational provision (section F of an EHC plan).

An EHC needs assessment will not always lead to an EHC plan.

If the local authority decides an EHC plan is not necessary, they will write to you and include information about your rights to mediation and appeal.

Information gathered as part of the assessment will indicate ways in which the setting can meet your child’s needs without an EHC plan.

An outcome is what you expect to be achieved within an agreed timescale. Read more about outcomes in an EHC plan.

The SEND Code of Practice says…

‘Outcomes will usually set out what needs to be achieved by the end of a phase or stage of education in order to enable the child or young person to progress successfully to the next phase or stage…’ (9.68)

‘An outcome can be defined as the benefit or difference made to an individual as a result of an intervention… it should be specific, measurable, achievable, realistic and time bound (SMART). When an outcome is focused on education or training, it will describe what the expected benefit will be to the individual as a result of the educational or training intervention provided.’ (9.66)

‘When agreeing outcomes, it is important to consider both what is important to the child or young person – what they themselves want to be able to achieve – and what is important for them as judged by others with the child or young person’s best interests at heart. ‘(9.67)

When you receive the draft plan, you will have 15 days to suggest any changes you would like to be considered and you can request to meet with them, this is sometimes referred to as a co-production meeting.

This gives you an opportunity to meet with the Family Services Co-ordinator (and any other professionals you would like to invite), to discuss provision and go over the draft plan, including requesting any changes you would like to make.

Ahead of the meeting it can be helpful to prepare notes about any questions you have or the changes you would like to request.

 

Your child should be part of any planning or decision-making.

The local authority should involve your child as far as possible in this process. They must take into account their views as well as yours.

Your child may need help to express their views, for example from a family member or practitioner already working with them. Consider alternative ways they can share their views, pictorial or video for example.

Our service can help children and young people directly with any questions they might have, getting their views across and support preparing for and at meetings too.

We have some step-by-step advice around checking your draft EHC plan.

We can help you with any questions you have about the draft plan. 

The letter accompanying the EHC plan should have contact information included.

Alternatively, you can call or email the SEN team.

The local authority must review the EHC plan at least once every 12 months. This must be done in partnership with you and your child or the young person, and must take account of your views, wishes and feelings.

The local authority must decide whether to keep the plan as it is, make changes, or cease to maintain it within four weeks of the review meeting. You have a right of appeal if the local authority proposes to cease the EHC plan.

For some young people an EHC plan will continue until they are 25. However the plan will stop if the young person:

  • goes to university
  • gets a job
  • tells their local authority they no longer want their EHC plan, or
  • the local authority decides the outcomes have been achieved and Special Educational Provision is no longer necessary

If you plan to move to another local authority area you should contact the ‘old’ and the ’new’ local authorities so the support specified in the EHC plan will be in place. The ‘new’ authority will amend the plan and name the new school or college.

The ‘old’ local authority must transfer the EHC plan on the day of the move, as long as it has had 15 working days notice.

An EHC plan is only for young people with special educational needs. Training can be considered an educational need, for example an apprenticeship or internship.

If your child is no longer in education (or training), the local authority will likely cease the EHC plan at the next annual review. There must be an educational need for a plan to continue.

No, EHC plans are only for young people in further education, and will cease when they go into higher education.

The first step will be to raise your concerns with school. There may be reasons why support has been changed or delayed which you are reassured about. See our information on how you can do this: Raising concerns

If you have discussed with school and still have some concerns that provision in a plan is not being made, you should let the local authority know.

In law, it is the local authority’s duty to secure the special educational provision in an EHC plan, this means to ensure that provision is made

Our raising concerns information takes you through the various steps you can take if you are not happy with the support your child is getting, including complaining to a school or the local authority.

IPSEA have some useful guidance including an example letter, if you have been unable to resolve by contacting school/the local authority.

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