What does 'Education Health Care Plan' mean?

What is the legal basis for an Education Health Care Plan (EHCP)?

Section 37 of the Children and Families Act 2014 establishes the legal duty for local authorities to provide an EHCP when deemed necessary for a child or young person's educational, health, and social care needs.

The act states that where necessary special educational provisions are to be made for a child or young person, the local authority must ensure an Education Health Care Plan is prepared for the child or young person. Further to this, once an EHCP has been prepared, it must maintain the plan.

Who can request Education Health Care Plan?

If you believe your child would be better supported with an Education Health Care Plan, a request can be made for an assessment to identify any support your child may need. Depending upon your circumstances, an EHCP can be requested by:

• Parents, carers, or legal guardians
• Young people aged 16 to 25 can request an assessment themselves
• A school or post-16 institution can request an assessment on behalf of a student
• Clinical negligence solicitors or Court of Protection deputies responsible for determining care for a vulnerable or injured child
• Other relevant professionals such as doctors, health visitors, teachers, and other professionals involved with the child or young person can also request an assessment

Why could an Education Health Care Plan be needed?

An Education Health Care Plan would be needed in circumstances where children or young people (aged 25 and under) who have special educational needs and disabilities, require more support than would otherwise be readily available in schools.

A specialised plan can help support your child’s individual and potentially complex needs. An education health care plan can ensure your child's needs are supported not only by extra time taken when teaching but specialised support like SEN coordinators and teachers, therapists, or equipment to make their learning more suited to them.

Education Health Care Plans also mean that if you should need to change your child’s school for any reason such as moving locations or natural schooling progression, you should not be limited in your choice of schools as your child’s specific needs and requirements are already laid out.

What should I do if I think my child needs an EHCP?

If you believe your child needs an education health care plan, your first step is to contact your local authority. The contact details for requesting an EHC needs assessment should be readily available on their website.

Following this you may need to complete an application form to provide information about your child, their academic progress so far and how they are doing currently in education, and the support already provided to them. If your local authority decides to carry out an assessment you may be asked for:

• any reports from your child’s school, nursery or childminder
• doctors’ assessments of your child
• a letter from you about your child’s needs

Through this assessment your local authority will consider all evidence, including information about your child's educational, health, and social care needs, and decide whether an education health care plan is needed.

If the assessment determines your child needs an EHCP, a draft plan will be created and shared with you, and you will have the opportunity to review the draft plan and provide feedback. The final EHCP will then be issued.

Speak to Slater and Gordon

Our expert solicitors are here to help if you are struggling to secure an EHCP for your child at their current school, or if you think your child's school or the local authority are not abiding by the terms set out in your child's EHCP. To speak to an expert call us on 0330 041 5869 or contact us online here.