Enforcing an Education, Health and Care Plan (EHCP)
In this guide, we discuss which parts of an education, health and care plan (EHCP) are legally enforceable, who is responsible for ensuring the plan in adhered to, and what to do if this process fails.
An education, health and care plan (EHCP) is designed to ensure that child with specific special education needs are able to access the provision they need to be able to succeed and thrive in later life. It is therefore essential that the provisions detailed in an EHCP are delivered.
To ensure that this is achieved, parts of an EHCP are legally enforceable. Some sections, such as Section A which provides details about your child and their family, are excluded from this as their content is for informational purposes. However, the sections concerning key deliverables – such as Section F (the special education needs provision required) – are enforced by law.
Who is responsible for ensuring an EHCP is enforced?
In practice, it will usually fall to your child’s school to deliver the provisions set out by their EHCP on a day-to-day basis. However, it is important to be aware that it is your local authority’s legal duty to ensure all provisions are delivered, as set out in the Children and Families Act 2014.
This includes:
Ensuring the school or institution has the finances and resources necessary to deliver provision, including training and appropriate staff
Providing access to any therapies - such as speech and language therapy, occupational therapy, physiotherapy or therapies provided by Child Adolescent Mental Health Service (CAMHS)
There is no legal defence for failing to ensure provisions under an EHCP are properly delivered.
What should I do if my child is not receiving the provision they should under their EHCP?
If you believe that your child is not receiving the provisions they should as stated by their EHCP, you should in the first instance speak to your child’s school. This could be a discussion with your child’s SENCo or head teacher; let them know what your concerns are and how the school may be able to address them.
If this doesn’t resolve the issue, you should consider putting in a formal complaint to your local authority. The IPSEA (Independent Provider of Special Education Advice) provides a free template letter to help draft your complaint, and many local authorities have an online complaints process.
There are cases where your child’s school may struggle to deliver adequate provisions as your EHCP is not specific enough about what is needed, how it should be provided, how often, or for how long. In this instance, you may wish to ask your local authority for an early annual review of your child’s EHCP, where a more clear and detailed provision can be established.
If the wording in the EHCP is specified and quantified, then, legal action can be taken by way of judicial review. Legal advice should be taken before beginning this process. We can advise on the process and the prospects of success in your case.
Where your child’s school and local authority are not able to resolve your concerns and the complaints process has not been successful, you can also escalate the matter to the Local Government and Social Care Ombudsman.
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams.
5* Client review for Gurvinder Samra
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven.
5* Client review for Gurvinder Samra
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We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams. 5* Client review for Gurvinder Samra
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven. 5* Client review for Gurvinder Samra