Back to School Special: Day 1 - Content of Education, Health and Care Plans

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Back to School Special: Day 1 - Content of Education, Health and Care Plans

As pupils prepare to return to school and college, we’ve put together a series of five articles on matters that parents/carers may need to address in the next year. In our first article, we examine the content of Education, Health and Care Plans (EHCPs).

The EHCP sets out your child/young person’s identified needs and the provision required to meet them. The requirements for how an EHCP should be written are set out in legislation, case law and the SEND Code of Practice 2015, but we summarise the key points here. Where a requirement is legally binding, it is described as something that must happen.

 

Section A – Parents’ and child/young person’s views

 

  • Should include the child/young person’s history and the views, interests and aspirations of the child/young person and their parents
  • Can include details about play, health, schooling, independence, friendships, further education and future plans including employment
  • Should include a summary of how to communicate with the child/young person and engage them in decision-making.
  • Content cannot be appealed to Tribunal

 

Section B – The child / young person’s SEN

 

  • Must specify all of the child/young person’s identified SEN
  • Content can be appealed to Tribunal

 

Section C - The child or young person’s health needs which are related to their SEN

 

  • Must specify any health needs identified through EHC needs assessment which relate to the child/young person’s SEN
  • The CCG may choose to include other health care needs which are not related to the child/young person’s SEN
  • Content can be appealed to Tribunal, but only in conjunction with an appeal against one of the following
  • the educational elements of an EHCP (Sections B, F and/or I)
  • a decision by the LA not to issue an EHC plan
  • decision by the LA not to carry out a re-assessment
  • a decision by the LA not to amend an EHC plan following a review or reassessment
  • a decision by the LA to cease to maintain an EHC plan

Note that the Tribunal can only make non-binding recommendations to make changes to this section, not an order.

 

Section D - The child or young person’s social care needs which are related to their SEN or to a disability

 

  • Must specify any social care needs identified through EHC needs assessment which relate to the child/young person’s SEN, or require provision under s.2 Chronically Sick and Disabled Persons Act (CSDPA) 1970 (see Section H1, below)
  • If the child/young person and parents agree, the LA may include other social care needs which are not linked to the child or young person’s SEN or to a disability (e.g. a child protection plan)
  • Content can be appealed to Tribunal, but only in conjunction with an appeal against one of the following
  • the educational elements of an EHCP (Sections B, F and/or I)
  • a decision by the LA not to issue an EHC plan
  • decision by the LA not to carry out a re-assessment
  • a decision by the LA not to amend an EHC plan following a review or reassessment
  • a decision by the LA to cease to maintain an EHC plan

Note that the Tribunal can only make non-binding recommendations to make changes to this section, not an order.

 

Section E – The outcomes sought for the child or the young person

 

  • Outcome = the benefit or difference the provision is expected to make for the child/young person
  • Should be SMART – Specific, Measurable, Achievable, Realistic and Time bound
  • Should include a range of outcomes over varying timescales, covering education, health and care as appropriate
  • Should usually set out what needs to be achieved by the end of a phase or stage of education, so that the child or young person to progress successfully to the next phase or stage
  • Should enable the child/young person to move towards long-term aspirations including employment or higher education, independent living and community participation
  • For young people over 17, should identify clearly which outcomes are education and training outcomes
  • Should include arrangements for monitoring progress
  • Content cannot be appealed to Tribunal

 

Section F - The special educational provision required by the child or the young person

 

  • Must specify provision for each and every need identified in section B
  • Should include
    • facilities and equipment, staffing arrangements and curriculum
    • modifications to the National Curriculum, where relevant
    • any therapies that educate or train
    • any exclusions from the National Curriculum or course in a post-16 setting, in detail, and the provision that will be substituted to maintain a balanced and broadly based curriculum
  • Provision must be detailed and specific and should normally be quantified, e.g. the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget (see Section J, below)
  • Should specify arrangements for setting shorter term targets at school/college level
  • For Year 9 and above, must include provision to assist in preparation for adulthood and independent living, e.g. self care, employment, community participation
  • Legally binding on the local authority – specified provision must be made
  • Content can be appealed to Tribunal

 

Section G – Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN

 

  • Provision should be detailed and specific, e.g. the type of support and who will provide it, and should normally be quantified
  • May include specialist support such as medical treatments and delivery of medications, physiotherapy, nursing support, specialist equipment, wheelchairs and continence supplies
  • For Year 9 and above, must include provision to assist in preparation for adulthood and independent living, e.g. self care, employment, community participation
  • Should include any Individual Health Care Plan that is in place for the child/young person
  • Health provision that ‘educates or trains’ is educational provision and must be included in Section F
  • Content can be appealed to Tribunal, but only in conjunction with an appeal against one of the following
  • the educational elements of an EHCP (Sections B, F and/or I)
  • a decision by the LA not to issue an EHC plan
  • decision by the LA not to carry out a re-assessment
  • a decision by the LA not to amend an EHC plan following a review or reassessment
  • a decision by the LA to cease to maintain an EHC plan

Note that the Tribunal can only make non-binding recommendations to make changes to this section, not an order.

 

Section H1 – Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act (CSDPA) 1970

 

  • If the child/young person is disabled, Section H1 must specify all services that are assessed as needed under s.2 CSDPA, e.g.
    • practical assistance in the home
    • provision of/assistance in recreational and educational facilities
    • assistance in travelling to facilities
    • adaptations to the home
    • facilitating the taking of holidays
    • provision of meals at home or elsewhere
    • provision or assistance in obtaining a telephone and any special equipment necessary
    • non-residential short breaks
  • May include services for parent carers of disabled children
  • Provision should be detailed and specific, e.g. the type of support and who will provide it, and should normally be quantified (even if provision is made through direct payments)
  • For Year 9 and above, must include provision to assist in preparation for adulthood and independent living, e.g. self care, employment, community participation
  • Social care provision that ‘educates or trains’ is educational provision and must be included in Section F
  • Content can be appealed to Tribunal, but only in conjunction with an appeal against one of the following
  • the educational elements of an EHCP (Sections B, F and/or I)
  • a decision by the LA not to issue an EHC plan
  • decision by the LA not to carry out a re-assessment
  • a decision by the LA not to amend an EHC plan following a review or reassessment
  • a decision by the LA to cease to maintain an EHC plan

Note that the Tribunal can only make non-binding recommendations to make changes to this section, not an order.

 

Section H2 – Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN

 

  • Includes social care provision falling within CSDPA 1970 e.g. short breaks where the child/young person stays away from home
  • Any social care provision not covered by s.2 CSDPA, i.e.
  • Provision arranged under the Children Act 1989
  • Adult social care arranged under the Care Act 2014
  • Adult social care provided under NHS Continuing Healthcare arrangements
  • Provision should be detailed and specific, e.g. the type of support and who will provide it, and should normally be quantified (even if provision is made through direct payments)
  • For Year 9 and above, must include provision to assist in preparation for adulthood and independent living, e.g. self care, employment, community participation
  • Social care provision that ‘educates or trains’ is educational provision and must be included in Section F
  • Content can be appealed to Tribunal in the same way as Section H1 – note that the Tribunal can only make non-binding recommendations to make changes to this section, not an order.

 

Section I - The placement to be attended by the child / young person

 

  • Must name an appropriate school/college and/or specify the  type of placement e.g. primary or secondary; residential
  • Legally binding – the school/college named in Section I must admit the pupil
  • Can be appealed to Tribunal

 

Section J – Personal Budget and/or Direct Payments

 

  • Details of any personal budget / direct payments agreed for health or social care provision, or for a specific educational provision
  • Funding must be sufficient to secure the specified provision
  • Content cannot be appealed to Tribunal

 

Section K – Appendices

 

  • The reports / advice gathered during EHC needs assessment, and any updated reports / advice gathered during subsequent annual reviews
  • Content cannot be appealed to Tribunal

 

We recommend speaking to the class teacher or SENCo if you are concerned about your child/young person’s support with an EHCP, but if there are still issues then checking the EHCP content (and confirming the specified support is in place) may be a good place to start.

If you do not agree with the content of your/your child’s EHCP, remember that you can appeal to the SEND Tribunal and, in most cases, the appeal/mediation deadline is two months from the issue of the EHCP.

We are SEN experts. To speak to one of our team about how we could help with your child/young person’s EHCP, call 0118 467 6547.

 

 

I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved. 

James' mother, Boyes Turner client

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