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The importance of checking EHCP

  • Writer: Anna
    Anna
  • Aug 27, 2024
  • 3 min read

Updated: 13 hours ago

This article explains why it's imperative to check your EHCP, when you must be doing this, and how.

 

This article explains why it's imperative to check your EHCP, when you must be doing this, and how


So, what is an EHCP?


An EHCP is a freestanding legal document that describes your child's needs (difficulties) and how these must be provided for in their educational placement. The EHCP will remain with your child until they are 25, provided they continue to engage in education. (It will cease should your child leave education or begin Level 4 study.) This is a long time. If your EHCP is not fit for purpose, your child/Young Person (YP) will be at a serious disadvantage because they will not receive the support that they need.

 

The EHCP contains many Sections:


A – The parent and child's views


B- The child or young person's Special Educational Needs (difficulties) – a legal section


C – The child or YPs health care needs (difficulties) which relate to their SEN


D – The child or YPs social care needs (difficulties) which relate to their Special Educational Needs or Disability


E – The Outcomes that are wished for the child/YP


F – The provision that is required for the child or YP - a legal section


G – The health care provision that is reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs


H – 1 Any social care provision which must be made for the child or young person as a result of section 2 of the Chronically Sick and Disabled Persons Act 1970 F 10


H – 2 Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs


I – The name of the school, maintained nursery school, post-16 institution, or other institution to be attended by the child or young person, and the type of institution, or where the name of a school or other institution is not specified in the EHC Plan the type of school or other institution to be attended by the young person – a legal section


J – Where any SEP is to be secured by a Personal Budget or Direct Payment.


Only B, F and I are legally enforceable, with a right of appeal section 51 (2) (c) Children and Families Act 2014



What should the EHCP contain?


An EHCP must specify all of a child's special educational needs in Section B (section 37(2)(a) of the Children and Families Act (CFA) 2014 and Regulation 12(1)(b) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014) and all of the special educational provision required to meet these needs in Section F (section 37(2)(c) CFA 2014 and SEND Regulation 12(1)(f)).


Provision must be made for each and every need SEND Code of Practice 2015 9.69 (f), and if a need isn't in Section B, it doesn't exist; if it doesn't exist, then there's no provision required, if the provision isn't required the school won't have to provide it – can you see where this is heading?



What about the wording?


Do not be lulled into the false security that a long narrative EHCP contains the correct information. It's all about the wording, choice of wording, and, most importantly, what has been conveniently omitted.


And if your Section F contains woolly words and phrases, it will be impossible to enforce the provision in the plan. See our blogs for more help on wording and enforceability:

  • woolly wording - here

  • enforcing an EHCP - here

 


So what should I do?


You need to check your EHCP carefully for woolly words and for omitted needs (in Section B) and provision (in Section F).

  • When you have a draft EHCP following an EHC needs assessment or annual review and have 15 days to respond to your LA.

  • If you are planning to appeal and need to identify the deficits in your child's EHCP.

  • If you have an Annual Review coming up and want to know what changes are needed to your child's EHCP.


These webinars will help you to do this:


If you need more support or do not feel confident checking your child's EHCP we provide a bespoke EHCP & Draft EHCP checking service. Find out more details here

 

If you have any questions come and find us on our Facebook Group, we are always available to provide professional support there.


And book a meeting with us here


We are, and always will be, Stronger Together. 


You can find testimonials to our bespoke services on our website and Facebook business page - here 

 

 


 
 
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