Section E (EHCP) outcomes - how important are they?

In the Education Team at Boyes Turner, we see a lot of Education, Health and Care Plans (EHCPs) which require the special educational needs (Section B) and special educational provision (Section F) to be updated and improved. Whilst Section F provision is there to meet the Section B needs, Section F provisions are also required to work towards, and ultimately achieve, the outcomes in Section E.

So, how important are these Section E outcomes and what do you need to know about them when checking your child/young person (YP)’s EHCP?

What is the difference between Section E Outcomes and Section F provision?

An ‘outcome’ is the benefit or difference made because of an intervention (para 9.66 SEND Code of Practice 2015).

Section E outcomes outline the goals the child or young person is expected to achieve over time, i.e., “By the end of Key Stage 2, John will be able to maintain a five-minute two-way conversation with a peer each day”. Section F outlines the provision, which refers to the support and interventions that will be put in place to help achieve the outcomes listed in Section E, i.e., “John will have 1:1 direct weekly speech and language therapy to improve his communication skills.”

What areas of need must Section E Outcomes address?

Section E Outcomes should cover the range of child or young person’s special educational needs as per the following categories:

• Cognition and learning
• Communication and interaction
• Social, emotional and mental health
• Sensory and physical

It is important to make sure that the outcomes are not all focused on one area of need. The aim of Section E outcomes is to prepare the child/YP for adulthood and so should be focused on education and training for that child/YP.

How detailed do Section E outcomes need to be?

Section E outcomes in an EHCP need to be clear, specific, and measurable often written in the format of SMART.

• Specific
• Measurable
• Achievable
• Realistic
• Time-bound

What timescale do Section E Outcomes need to work towards?

The long-term aim of Section E Outcomes is to support the child/YP to obtain employment, higher education, independent living and community participation (para 9.64 SEND Code of Practice (2015)). Within this, there are usually shorter targets to be achieved by the end of a phase or stage of education (para 9.68 SEND Code of Practice (2015)). Essentially, there should be a range of outcomes over varying timescales (para 9.64 SEND Code of Practice (2015)). Such range will follow relevant professional and expert recommendations, and any updated reports as required.

How many Section E Outcomes are needed?

Whilst there is no limit on the number of outcomes that can be included in Section E of an EHCP, it should be an appropriate amount based on the child/YP’s identified needs and provisions required. 

What are my options if I do not agree with the Section E Outcomes listed?

If you disagree with the outcomes in your child/YP’s final EHCP it is important to remember that they cannot be directly challenged through an appeal to the Special Educational Needs and Disability Tribunal. The Tribunal has discretion to make decisions during an appeal in relation to Section E, but only when such decisions are directly impacted from an amendment to Section F. An appeal does allow both parents/YP and the local authority opportunity to update the Section E outcomes if, for example, you have updated therapy evidence. Whilst the local authority does not have to agree to these, we find this is dependent on the outcomes being asked for and the evidence to support these.

Do Section E Outcomes cover health and/or social care, as well as education?

Yes, there need to be outcomes for health and social care if there are needs and provisions detailed under the relevant Sections of the EHCP:

•  Sections C and G – health
•  Sections D and H – social care

The focus, however, should be on the educational outcomes as this is one of the areas a LA will consider when deciding if an EHCP should be ceased.

When a local authority is considering whether to stop an EHCP (cease to maintain) one of the factors they must consider is if the Section E outcomes have been achieved. This reinforces the need for the outcomes to remain appropriate and to be kept updated through Annual Reviews.

Therefore, Section E outcomes are central to the EHCP being up to date and accurate.

The Boyes Turner Education Team can advise on Section E EHCP queries and can be contacted on senexpertsolicitors@boyesturner.com or 0118 467 6547.