What is an EHCP?

An Education, Health and Care plan (“EHC plan”) is a legal document which describes a child or young person’s special educational needs, the support they need, and the outcomes they would like to achieve.

The special educational provision described in an EHC plan must be provided by the child or young person’s local authority (“LA”). 

This means an EHC plan can give a child or young person extra educational support. It can also give parents and young people more choice about which school or other setting the child or young person can attend.

An EHC plan can only be issued after a child or young person has gone through the process of an Education, Health and Care needs assessment.

Education, health and care plans are required by law to contain certain sections, and it is important to ensure your EHC plan matches the legal requirements. If it doesn’t, it could make it difficult to enforce.

The EHC plan should be written in a way that makes it clear, to parents, young people, schools, colleges and LAs, who is required to do what, when it has to happen and how often it should be reviewed.

An EHC plan legally they must contain a number of separate sections.

Under Regulation 12 of the Special Educational Needs and Disability Regulations 2014 (the “SEN Regs”), an EHC plan must have the following sections:

Section A: 

The views, interests and aspirations of the child and his parents or the young person.

Section B: 

The child or young person’s special educational needs.

Section C: 

Health care needs which relate to their SEND.

Section D: 

Social care needs which relate to their SEN or to a disability.

Section E: 

The outcomes sought for the child or young person.

Section F: 

The special educational provision required to meet their SEN.

Section G: 

Any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN.

Section H: 

Any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN.

Section I: 

The name of the school or other institution to be attended by the child or young person, and the type of that institution.

Section J: 

Details of any direct payment which will be made;.

Section K: 

Copies of all of the advice and information obtained as part of the EHC needs assessment.

LAs are only legally required to secure the special educational provision set out in Section F so if this is unclear, or put into the wrong section, then the child or young person may not receive the special educational provision they need.