This article discusses issues that schools should be aware of when dealing with allegations of...
- Basildon 01268244144
- Chelmsford 01245453800
- Colchester 01206217300
- London 020 4586 1280
Search site
Call our office
Make an enquiry
Our people
Search our people
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.
The Special Educational Needs and Disability Regulations 2014 require an EHC plan to contain the follow sections:
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?
If you are concerned:
Please contact Thomas Emmett, Head of Education, on 01245 453847 or email thomas.emmett@birkettlong.co.uk. Our education specialist solicitors want to achieve the best outcome for you and your child by securing a legally compliant EHC plan that meets your child’s special needs and disabilities.