SEND IASS - Education Health and Care Plans (EHCP) factsheet

An EHCP is a legal document which describes a child or young person's educational needs, the support needed to meet their need and the outcome they would like to achieve. An EHCP also includes any health or care needs that have been identified and provision that is needed.

The special educational provision described in an EHCP must be provided by the child or young person's local authority. This means an EHCP can give a child or young person extra educational support. It can also give parents and young people more choice about which school or other setting the child or young person can attend.

An EHCP can only be issued after a child or young person has gone through the process of an EHC needs assessment.

The SEND Code of Practice states:

The purpose of an ECH plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood. (9.2)

EHC Plans are for children and young people who have a special educational need or disability that cannot be met by the support that is available at their school or college via SEN Support. Most children and young people with special educational needs will have help given to them without the need for an EHCP. This is called SEN Support. The purpose of SEN support is to help children to achieve the outcomes or learning objectives that have been set for them. Some children and young people may not make the progress expected of them even with this help. When this happens, the local authority complete an EHC needs assessment.

The SEND Code of Practice states:

In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post - 16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress. (9.14)

The Law states that if your child has or may have special needs and may need provision to be made via an EHCP; the local authority must conduct an EHC needs assessment. You do not have to prove that an EHCP is definitely necessary to obtain an assessment; you just have to show it may be necessary. If you think you child needs more help than the school can provide, you can ask for an assessment. Please see factsheet "Parents' guide to making an EHC Needs Assessment request" for more information.  

The SEND Code of Practice states that EHC Plans should:

• be based on decisions made openly, and with parents, children, and young people
• describe what the child or young person can do
• be clear, concise, understandable, and accessible
• consider how best to achieve the outcomes for the child or young person - they must consider the evidence from the EHC needs assessment
• specify clear outcomes
• consider alternative ways of providing support if a parent or young person wishes it. This could include having a personal budget
• show how education, health and care provision will be co-ordinated
• be forward looking- for example, anticipating, planning and commissioning for important transition points in a child or young person's life
• describe how informal support as well as formal support from statutory agencies can help in achieving agreed outcomes
• have a review date

There is a full list of principles and requirements in the SEND Code of Practice section 9.61.

Every EHCP must include at least 12 sections, but each local authority can decide how to set these out. These sections are:

A: The views, interests and aspirations of you and your child or the young person.

B: Your child's or young person's special educational needs.

C: Health needs related to their SEN or to a disability.

D: Social care needs related to their SEN or to a disability.

E: Planned outcomes for your child or the young person.

F: Special Educational Provision. Provision must be specified for each, and every need shown in section B.

G: Any health provision required that is related to their SEN or to a disability.

H1: Any social care provision that must be made for your child or young person under 18.

H2: Any other social care provision required that is related to their SEN or to a disability.

I: The name and type of the school, maintained nursery school, post -16 institution or other institution to be attended.

J: Details of how any personal budget will support outcomes and the provision it will be used for.

K: The advice and information gathered during the EHC needs assessment.

Where the child or young person is in or beyond Year 9, the EHCP must also include the provision required by your child or young person to help prepare for adulthood and independent living.

You can read the full list of what is included in each section in the SEND Code of Practice sections 9.62 and 9.63

You can find a detailed checklist covering each of these sections on the IPSEA website.

The law says that parents or the young person has a right to request that a particular school, college or other institution is named in The EHCP. The Local Authority must agree to this request unless:

• it would be unsuitable for the age, ability, aptitude or SEN of the child or young person
• the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources

You can find out more about your rights to request a particular school or college in the SEND Code of Practice sections 9.78 to 9.90.

The SEND Code of Practice states:

• local authorities must consult the child and the child's parent or the young person throughout the process of assessment and production of an EHC plan. (9.21) 
• reviews must be undertaken in partnership with the child and their parent or the young person , and must take account of their views, wishes and feelings, including their right to request a Personal Budget (9.168)

Your views, and your child's views, are really important. The local authority, school or college should help you take part and involve you in decision making.

If you would like help to do this please contact the Information, Advice and Support Service for impartial advice and support.

We can also give you information on other sources of help, and on what to do if you do not fell that you have been heard of listened to.

The local authority must review the EHCP 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 the local authority's decision.

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

• goes to University
• gets a job and does not remain in education
• tells their local authority they no longer want their EHC plan
• no longer needs special help and the local authority decides that the EHC plan should cease

The local authority is responsible for ensuring that the special educational needs set out in the EHCP are met and that the special educational provision is made, whatever their funding arrangements or agreements with other service providers.

All young people with an EHCP and all parents of children with an EHCP can ask for a Personal Budget. 

The SEND Code of Practice states that, a personal budget is an amount of money identified by the local authority to deliver provision set out in an EHC plan where the parent or young person is involved in securing that provision. (9.95)

There is more information about personal budgets in the SEND Code of Practice Sections 9.110 to 9.118.

The first step is to contact the school, college, or local authority to discuss your concerns.

The Information, Advice and Support Service (IASS) can give you impartial advice and support and explain your options. This may include independent disagreement resolution, mediation or going to appeal.

If you plan to move to another local authority area you should contact the current authority and the new local authorities so the support specified in the EHCP will be in place.

The new authority will amend the EHCP and name the new school or college. The current local authority must transfer the EHCP.

You can read about Education, Health and Care Plans in Chapter 9 of the SEND Code of Practice.

The Stockton Local Offer tells you about the local arrangements for special educational provision, including EHCP's.

Stockton Information, Advice and Support (IAS) Service offers:

• information, advice and support to explain the process and to help you take part in EHCP needs assessment
• advice and support about EHCP's 
• information, advice and support to help you take part in reviews of EHCP's
• support to help you find out more about the funding and provision for SEND made for your child
• information, advice and support about personal budgets if your child has an EHCP
• information about other organisations, support groups and information services that may be of help
• information, advice and support about your rights to make a complaint, seek independent disagreement resolution or mediation and appeal to the SEND tribunal