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Our Guide to the - EHCP (Education Health Care Plan ) Format, Content and your rights!

         Since the controversial changes in Legislation;  the             Children and Families Act 2014, Educational budgets           have been drastically cut in most counties. All Local              Authorities are allowed to devise their own format for        an EHCP, this may lead to avoidance or removal of support from some of our most vulnerable children. There is very little accountability for Local Authority officers who do not follow the Legislation. Training is often poor and bias towards prioritising economy over duty of care. We feel that these are major contributors to  manipulation of the document in attempts to avoid provision. There are certain legal parameters and guidelines which MUST be followed. Do NOT assume that this will be done correctly!

Please use our guide below to check the general content and format. We offer an individual, EHCP report service which will point out faults in more detail, or we can assist by writing the full parental, proposed EHCP for you - using all available documented assessments and evidence.

Section A: Your views and those of your child - there is NO LEGAL OBLIGATION to provide anything written in this section.

This section CANNOT be part of a SEND Appeal.  

  

Section B: SPECIAL EDUCATIONAL NEEDS.

‘5’ Subsections must be included (unless irrelevant to the child): This Section CAN be the subject of a SEND Tribunal Appeal.



Self-help and Independence / Transitions OR ‘Preparation for Adulthood’ (Yr 9 and above) N.B. legislation does not currently specify this category in section B; however it MUST be in section F and Tribunal may  be asked to direct that it is included in B (Needs) to reflect F (Provision).























Section C: The child or young person’s health needs. This should not include health needs which affect ‘access’ to Education - move these to sections B & F for appeal.

This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.


Section D: The child or young person’s social care needs. This should not include social care needs which affect ‘access’ to Education - move these to sections B & F for appeal.

This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.


Section E: The ‘outcomes’ sought for the child or the young person. The EHCP should identify the arrangements for setting shorter term / medium term and long term targets by the early year’s provider, school, college or other education or training provider.

Although the ‘reforms’ claim to be Outcomes based, this Section CANNOT be the subject of a SEND Tribunal Appeal. This means that this section should be agreed before appeal - via Mediation if necessary. We have concerns that this ‘Loophole’ may mean that provision is removed at a later review if Outcomes are too short-term and achieved within the Annual Review period.


Outcomes may follow a number format but must still include all subsections(unless irrelevant to Needs):

Communication and Interaction

Cognition and Learning

Social, Emotional and Mental Health

Sensory and Physical

Self-help and Independence OR ‘Preparation for Adulthood’  (Yr 9 and above)



Section F: THE MOST IMPORTANT SECTION!-

SPECIAL EDUCATIONAL PROVISION

‘5’ Subsections MUST all be included

(unless irrelevant to the child):

Communication and Interaction

Cognition and Learning

Social, Emotional and Mental Health

Sensory and Physical

Self-help and Independence / Transitions OR ‘Preparation for Adulthood’ (Yr 9 and above) -N.B. Many Authorities Illegally exclude this section!!


ALL details must be fully ‘QUALIFIED AND QUANTIFIED’  for EACH AND EVERY NEED ( as described in section B). There MUST be clear, unambiguous language used throughout – do not accept phrases such as

 ‘should have access to’ and ‘needs’ – it should clearly state ‘Will Have’.

This Section CAN be the subject of a SEND Tribunal Appeal.


Section G: Health care provision. This should not include any health care provision which affects ‘access’ to Education - move these to sections B & F for appeal.

This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.


Section H1: Social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970. This should not include any Social care provision which affects ‘access’ to Education - move these to sections B & F for appeal.   

This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.


Section H2: Social care provision which result in the child or young person having SEN. This will include any adult social care provision being provided to meet a young person’s eligible needs (through a statutory care and support plan) under the Care Act 2014. This should not include any Social care provision which affects ‘access’ to Education - move these to sections B & F for appeal.   

This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.


Section I: The name and type of school, maintained nursery school, post-16 institution or other institution, College - or the type of school or other institution to be attended by the child or young person where no such institution is named.

If the Local Authority names a school which you do not believe can meet the needs of your child, it will be usually be necessary to produce evidence to show that the L.A. Named school cannot meet the needs in section F – before your preferred school will be considered.

N.B. – The detail and specificity of provision in Section F will dictate the type of school funded.


The wording in this Section CAN be the subject of a SEND Tribunal Appeal.


Section J: Personal budget. The details of how the personal budget will support particular outcomes, the provision it will be used for including any flexibility in its usage and the details of any agreement for a direct payment for education, health and social care as set out in respective regulations. This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.

This is not generally to provide educational support; which should be detailed in section F and funded by the Local Authority. It may be useful In some cases such as for home education or perhaps to provide a ‘Buddy’, or additional Care. If the content provides ‘access’ to education - it is advisable to move details to sections B (needs) or F (provision) so that the details can be the subject of appeal.


Section K: The advice and information gathered during the EHCP assessment (attached in appendices). There should be a list of ALL advice (Reports, assessments and written evidence) USED AND ACCEPTED Throughout the EHCP.

Terms & Conditions EHCP Process Button Follow Stages Below to Check Your EHCP

Make sure that EVERY section AND subsection below is included.

Educational Equality can provide a report on the legality and appropriate content of the EHCP, we can re-write your parental proposed version using current reports and evidence. We can provide full support throughout appeal, preparing the documentation and providing advice on strategy - with representation at hearing.

Please contact us for further information.

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