Appealing the Contents of an Education Health Care Plan

Have you been through the EHC needs assessment process, received a draft Educational and Health Care Plan (EHC plan) and feel that it does not set out your child’s needs? Or do you feel that there is not enough provision to meet those needs or the provision isn’t right? Is the school, college or other educational institution named in section I not what you asked for?

Is your child’s EHC plan finalised and after finding out more information about them, you do not think the EHC plan is as it should be? Are you concerned that the EHC plan is not well written (it is not clear, concise, understandable and accessible)?

If the answer to any of the above is yes, the Education team at Birkett Long would recommend that you speak to one of our specialist SEND solicitors to discuss your options.

If the EHC plan is not right and an appeal to a Special Educational Needs and Disability Tribunal (SENDIST) is an option, we will explain the process step by step and provide the advice and assistance that you need for a successful outcome.

We appreciate that dealing with an EHC plan appeal can be difficult and stressful. We can step in and take the pressure off by lodging your appeal, dealing with all the required documentation, advise on what expert reports may be needed to support your case and consider mediation.

Our SEND solicitors will also negotiate with the local authority to try and establish the changes needed before the hearing, so as to try and avoid having to go to the SEND Tribunal if possible. If that is not possible, we can represent you at the tribunal.

What should an EHC plan look like?

The Special Educational Needs and Disability Regulations 2014 require an EHC plan to contain the follow sections:

• Section A: the views, interests and aspirations of the child and his parents or the young person
• Section B: the child or young person’s special educational needs
• Section C: health care needs which relate to their special educational needs
• Section D: social care needs which relate to their special educational needs or to a disability
• Section E: the outcomes sought for the child or young person
• Section F: the special educational provision required to meet their special educational needs
• ·Section G: any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs
• Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs
• Section I: the name of the school or other institution to be attended by the child or young person, and the type of that institution (or just the type if no specific institution is named)
• Section J: details of any direct payment
• Section K: copies of all of the advice and information obtained as part of the EHC needs assessment

Whilst every section of an EHC plan is important, in relation to special educational needs sections B, F and I are particularly key. 

Section B must contain an adequate description of special educational needs

Section F must contain sufficient provision to meet the needs stated, whilst also being detailed, specific and quantifiable.  Section F of an EHC plan should not contain ambiguous language – a reader of the section should be able to determine just from reading the section exactly what provision is to be provided.

In terms of your choice of school or other placement at section I, are you satisfied that any organisation named can meet your child’s needs? 

What can Birkett Long's education team do for you?

If you are concerned: 

1. that an EHC plan is not well written (it is not clear, concise, understandable and accessible)
2. that an EHC plan does not specify adequately you or your child’s needs in section B and provision to meet need in section F; or
3. section I of an EHC plan names an institution that is not suitable to meet your child’s needs