What is an EHCP?
An Education, Health, and Care Plan (EHCP) is a legally binding document in the United Kingdom designed to support children and young people (CYP) up to the age of 25 who have significant special educational needs and disabilities (SEND). The EHCP outlines the CYP specific needs, the support they require, and the outcomes they aim to achieve. This holistic plan integrates education, health, and social care services, ensuring a coordinated approach to supporting the CYP’s development.
The Purpose of an EHCP
The primary goal of an EHCP is to ensure that children and young people (CYP) with SEND receive the appropriate support to thrive in their educational environment and beyond. By bringing together various services, the EHCP aims to provide a comprehensive support system that addresses all aspects of the individual’s needs, from academic progress to health and social well-being.
The EHCP Process
- 1. Identification of Needs
The EHCP process begins with identifying that a child or young person may have special educational needs. Parents, teachers, health professionals, or social care workers who notice that the CYP is struggling significantly more than their peers can initiate this identification.
Section 36 (8) of the Children and Families Act 2014 says:
‘The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a) the child or young person has or may have special educational needs, and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.’
There are examples in the SEND Code of Practice of evidence the LEA should pay attention to to aid the LEA in their decision, However the ECH assessment can be requested at anytime and be seperate to the LEA’s graduated approach to SEN.
2. Requesting an EHCP Assessment
Once a need is identified, a formal request for an EHCP assessment can be made to the local authority. This request can come from parents, the young person (if they are over 16), or a professional involved with the individual. A good place to find template letters is on IPSEA if your CYP educational setting can not help you in any way to complete the request.
When the local authority receives your request, it can take up to 6 weeks for them to respond. Most LEA’s have a process for these requests, which should look like the following
- 1. They will record your EHC needs assessment request.
- 2. They will email you, the parent or carer, the young person, education setting, health and social care services to tell you we’ve got the request.
- 3. They will contact you within 6 weeks of getting your request to tell you the decision they have reached..
If the request is refused, you can proceed to a SEND Tribunal. You can find information about this on many SEN sites, but we found IPSEA had the most comprehensive guide to appealing the refusal to assess
3. Assessment
- If the decision is to assess for a ECHP, the local authority conducts a detailed assessment to determine whether an EHCP is necessary. This involves gathering information from a variety of sources, including:
- Educational settings (schools, colleges)
- Health professionals (doctors, therapists)
- Social care services
- Parents and the child or young person themselves
4. Drafting the Plan
The local authority will draft the plan if the assessment concludes that an EHCP is required. This draft will detail the individual’s needs, the support they will receive, and the intended outcomes. Parents and young people can review the draft and provide feedback. This process can take up to 20 weeks, and involves collating all the information about your CYP. If the LEA takes longer to process the information, and you have followed the complaint procedure, you may have to look at other legal avenues, such as a Judicial Review. A Judicial Review is where the courts decide if an assessment has been handled in a lawful, reasonable and fair way, again, other organisations have great resources relating to this, such as SOS!SEN. However, it is worth knowing what a good ECHP looks like, and we found the following a useful guide
- The ECHP should be signed and dated by the LEA – It is then a legal document that can be enacted
- All diagnosis that the CYP have should be included in Section B
- The outcomes included should be measurable
- Any treatment or intervention should include who is responsible for the measures included,
- It is specific as to how often the treatment/intervention is to be given to the CYP
- You can understand what has been included
- The type of placement is included
There are many more ways to ensure that your CYP ECHP is a good plan, and Special Needs Jungle has an amazing post that explains it in further detail.
Components of an EHCP
An EHCP is a detailed document that typically includes the following sections:
- Section A: The views, interests, and aspirations of the child or young person and their parents.
- Section B: The child’s or young person’s special educational needs.
- Section C: Health needs related to their SEND.
- Section D: Social care needs relating to their SEND.
- Section E: Desired outcomes.
- Section F: The special educational provision required.
- Section G: Health provision required.
- Section H: Any Social care provision required.
- Section I: The name and type of educational placement (e.g., school or college). Or just type if no placement is named.
- Section J: Personal budget or Direct Payment details if applicable.
- Section K: Advice and information gathered during the assessment.
7. Finalising the EHCP
After considering any feedback, the local authority finalizes the EHCP. This finalized document is legally binding, meaning that the services outlined in the plan must be provided. If the LEA does not provide the necessary provision, there are things you can do. Ipsea has some great advice here
8. Review
The EHCP is reviewed annually to ensure that it remains relevant and effective. During these reviews, progress is assessed, and the plan is adjusted as necessary to meet the evolving needs of the individual.
Benefits of an EHCP
- Tailored Support: EHCPs ensure the support is tailored to the individual’s needs.
- Integrated Approach: By combining education, health, and social care services, EHCPs promote a more cohesive support system.
- Legal Protection: The legally binding nature of EHCPs guarantees that the outlined support must be provided.
- Regular Reviews: Annual reviews ensure the plan adapts to the individual’s changing needs and circumstances.
Challenges and Considerations
While EHCPs provide crucial support, there are challenges associated with them:
- Complex Process: Obtaining an EHCP can be lengthy and complex, requiring persistence and advocacy.
- Resource Limitations: Local authorities may face resource constraints that impact the timeliness and quality of assessments and support.
- Variation in Quality: The quality of EHCPs can vary, and not all plans may fully meet the individual’s needs.
An Education, Health, and Care Plan is vital for supporting children and young people with SEND. By providing a structured and legally binding framework, EHCPs help ensure that individuals receive the comprehensive support they need to succeed in their education and beyond. While there are challenges in the process, the benefits of having a tailored and integrated plan can significantly enhance the quality of life and opportunities for those with special educational needs and disabilities.
If you need any help relating to ECHP’s Extraordinary Links can help, contact us here
Useful Websites for Help
National Helplines and Resources
Bristol Specific Organisations