Education law

What is an EHCP (Education, Health and Care Plan)?

For children and young people with special educational needs (SEN), an education, health and care plan can make all the difference when it comes to achieving at school or college.

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What is an EHCP?

An Education, Health and Care Plan – or EHCP – is a legal document created for a child or young person up to 25 years of age with special education needs (SEN). It sets out requirements for their education, health and social care, and how these needs should be met to help them achieve successful outcomes.

As part of this, an EHCP may contain information about the child or young person’s aspirations, or information about how they might prepare for adulthood.

You can only ask for an EHC needs assessment if your child has, or many have, educational needs. It does not apply where the child or young person has health or care needs only, no matter how severe they may be.

Education, Health and Care Plans were first introduced in 2014, in the Children and Families Act in a bid to bring the three services together to deliver better outcomes for young people.

What is the objective of an EHCP assessment?

The aim of an EHCP assessment (or EHC needs assessment) is to identify any issues that might affect a child or young person’s access to education, and what provisions can be made to overcome any barriers.

Once a local authority has agreed to carry out an assessment, they must seek advice from several professionals. Based on the evidence they gather, the authority will then decide whether to issue an EHCP.

You cannot secure an EHCP for a child or young person without an EHC needs assessment.

What is the EHCP criteria?

Typically, it would be appropriate to request an EHC needs assessment if:

  • a child or young person has a learning difficulty or disability that is impacting their progress at school or college; and
  • the parents or guardians of the young person, or the young person themselves, believe their school or college is not able to provide them with the help and support they need.

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How do I request an EHC needs assessment?

A request can be made at any time. It must be made in writing and sent to your local authority.

For children under the age of 16 years, the parents or their school can make the request. This includes children from the ages of 0 to 5 years.

For young people over the age of 16 years (up to 25 years), they can make the request themselves, but they must have a sufficient understanding of what they are requesting. If not, a parent or guardian can submit a request on their behalf.

What is the process of an EHC needs assessment?

An EHC needs assessment considers not just the education of a child or young person, but their health and social care needs too. This means that, as a minimum, the local authority must seek advice from a number of professionals across all three areas to assess the young person’s various needs and identify the provision needs to meet them and achieve the expected outcomes.

This will include interviews and discussions with:

  • the young person’s parents or guardians, or the young person themselves
  • educational advice (where the young person is visually impaired, the advice must come from a suitably qualified professional)
  • a healthcare professional
  • an educational psychologist
  • social care practitioner
  • any other person the local authority believes is required and appropriate
  • any other person the young person or their parent/guardian reasonably requests

If the young person is in Year 9 or above, advice in relation to preparing them for adulthood and independent living should also be sought.

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Why choose Slater and Gordon?

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We are an award winning law firm and have a dedicated team of education law solicitors to advise and guide you – no matter how complex your situation may be.

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We understand that everyone's situation is unique, so we focus on providing tailored advice and guidance to suit the needs of you and your family.

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With a wealth of experience and a track record of success, our experts can support in any aspect of education SEN law.

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Speak to our education law solicitors today

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Frequently asked questions about EHCP assessments

What qualifies a child for an EHCP?

A child could qualify for an EHC needs assessment if they have a significant and long-term special educational need or disability that impacts their learning and that their school or parent thinks cannot be addressed by their current educational provision.

What are the benefits of a child having an EHCP?

The aim of an EHCP is to provide clear guidelines on the provisions a child or young person needs to be able to access education. It should state the support their school should have in place, and the expected outcomes where the child’s needs are adequately met. A clear timeframe should also be given for these outcomes to be achieved.

Can you get an EHCP for autism?

Yes, you can. Not all children with autism may need an education, health and care plan, and many schools and education settings will have support already in place to ensure those with autism are able to achieve successful outcomes without the need for further intervention.

However, if you are concerned that your child is not getting the access to education they should, an EHCP can help to identify your child’s needs and how they might be better met.

Can you get an EHCP for ADHD?

Yes, though whether a plan will be required will vary from child to child. Not all children with ADHD will need an EHCP to access education, though it can sometimes be necessary to ensure they have the same opportunities to succeed as their peers.

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