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Medical Negligence
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Securing an EHCP

A child or young person should be issued with an Education, Health & Care Plan (EHCP) if they have special educational needs and disabilities (SEND) and require support, beyond that available at their school or college.

An Education, Health and Care Plan is available from birth to the age of 25 years, as long as the young person remains in education. There are different legal tests which apply, depending on the age of the child or young person.

The exact layout of the EHCP is not set out in the law, or in the guidance in the Special Educational Needs and Disability Code of Practice. However, there is a suggested layout. The minimum content is also defined in the law.

The EHCP should contain:

  • The views, interests and aspirations of the child or young person
  • Special educational needs
  • Health needs
  • Social care needs
  • Outcomes sought for the child or young person
  • Special educational provision
  • Health provision
  • Social care provision
  • School placement
  • Personal Budget
  • List of advice

EHCPs were brought in by the Children and Families Act 2014 which took force on 1 September 2014. They replace Statements of Special Educational Needs. All court judgements about Statements of Special Educational Needs apply to EHCPs. This means that there is a substantial amount of case law which applies to EHCPs.

How we can help

During the EHC needs assessment process, the local authority will ask for your views. We can help you to prepare this document so that it puts your case at its highest.

Once the EHC needs assessment is complete, the local authority will issue an EHCP if it believes that the legal test is met. If the local authority decides that the legal test is not met, it will refuse to issue an EHCP.

If the local authority does refuse to issue an EHCP, we can assist with an appeal to the Special Educational Needs and Disability Tribunal (SENDIST).

If you would like to discuss your case then please contact us at [email protected] or call 0800 884 0723 – our specialist SEN solicitors are here to help.

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