A reminder: The importance of expert evidence for an EHCP

An Education, Health and Care Plan (EHCP) is an enforceable document that sets out a child/young person’s special educational needs (SEN) and the provision required for them to be able to access the curriculum. An EHCP is issued and maintained by the child or young person’s Local Authority (LA).

An EHCP consists of several sections; the key 4 sections relating to education are:

• Section B – this section sets out the child/young person’s areas of SEN.
• Section E – this section provides space for agreed outcomes/goals to be set out.
• Section F – this section sets out the provision required to effectively support the child/young person.
• Section I – this section sets out the named placement and required setting classification.

 The 4 main areas of SEN are as follows:

1. Sensory and physical - this covers hearing and visual impairments, sensory processing difficulties and physical disabilities.
2. Cognition and learning - this area concerns the way in which a child/young person learns, and any requirements needed in order to make this easier. For example, smaller class sizes and extra time.
3. Social, emotional and mental health (SEMH) - this area concerns difficulties managing emotions.
4. Communication and interaction - this area concerns any communication issues that the child/young person experiences.

These areas, when combined, should form a full picture of a child’s educational needs. The content of these sections is usually informed by expert reports. Local Authorities tend to use school reports or experts working for statutory services to inform on the input of a Plan. However, parents are entitled to instruct their own independent experts to provide reports.

The following will discuss the types of experts that are beneficial when creating the content of the Plan. There are further experts that can be used, depending on the type of SEN, including independent social workers and physiotherapists, the importance of which will be discussed in a separate article.

Educational Psychologists (EP)

There is a statutory requirement for the LA to get advice from an EP, and they are arguably the most important expert for an EHCP. EP reports feed into the SEMH and cognition and learning parts of the Plan. They will observe the child/young person within their educational setting to see how they interact within their environment and with their peers. This is vital when considering the type of placement and is very informative in terms of class sizes. They also offer clarity regarding the child’s needs and provision that is required for them to have access to learning. Most notably, EPs are able to visit multiple settings in order to assess their suitability to meet the needs of the child/young person – which can be a vital tool in a parent’s arsenal when conducting a Section I appeal.

Occupational Therapists (OT)

Occupational Therapy can impact on both educational needs and health and social care. For the purpose of this article, I will concentrate on its impact upon education.  OT input plays a vital role determining the provision required for the child/young person to easily access their surroundings in a way that enables then to thrive. The input of the OT can be adapted to be applicable to all areas of their lives. This can include motor skills such as handwriting and self-care.

Speech and Language Therapist (SLT)

SLTs assist to introduce provision that allow the child/young person to be able to communicate effectively and confidently access their curriculum. An SLT’s input into Section F is vital for children with communication difficulties. This can include being able to listen to and fully understand instructions from teaching staff. SLT input can also provide valuable input regarding peer interaction and being able to take part in games.

Points to Remember

• Although these reports are of high importance at every point of the EHCP process, it is important to note that expert reports can become dated. Our general advice is that if the report is over a year old then it is considered dated, however each case is different, and this can be dependent on the availability of evidence.
• There are potential risks of relying on dated evidence. It is also important to note that it is not uncommon for diagnostic reports to be several years old but they do not need to be renewed.  
• The cost of independent experts can vary, and their availability can be limited.

If you need help with gathering evidence at any stage of your child’s EHCP including an appeal, the Boyes Turner Education Team can be contacted on 0118 467 6547 or via senexpertsolicitors@boyesturner.com.