The EHCP Guide for Parents

This guide is for information only and is not legal advice. For complex cases, contact IPSEA or SOS!SEN for free specialist support.

CONTENTS

An Education, Health and Care Plan (EHCP) is a legal document that describes your child's special educational needs and the support they must receive. It replaces the old Statement of Special Educational Needs. An EHCP covers children and young people from birth to age 25. It is legally binding — if a school is named in an EHCP, that school must accept your child, and the support described must be provided. The plan is divided into sections covering education, health, and social care needs. The education section (Section F) is the most important — it specifies the support your child is entitled to.

Your child may qualify for an EHCP if they have a learning difficulty or disability that means they need more support than a school can provide from its own resources. This includes children with: • Autism Spectrum Disorder (ASD) • Social, Emotional & Mental Health needs (SEMH) • Speech, Language & Communication Needs (SLCN) • Physical disabilities • Severe, moderate, or profound learning difficulties • Sensory impairments (hearing or visual) • Specific learning difficulties (dyslexia, dyspraxia) You do not need a formal diagnosis to apply. The local authority must assess any child where there is reason to believe they have SEN that requires an EHC plan.

Anyone can request an EHC needs assessment — parents, carers, young people (if aged 16+), schools, nurseries, or doctors. To request an assessment, write to your local authority's SEN team. Your letter should include: • Your child's name, age, and school • A description of their difficulties and how these affect their learning • What support they currently receive and why it isn't enough • Any professional reports you have (education psychologist, SALT, OT, etc.) The local authority must respond within 6 weeks to tell you whether they will carry out an assessment. Tip: Keep copies of everything. Start a folder with all letters, reports, emails, and meeting notes from day one.

You have the right to request a specific school. The local authority must name your preferred school unless: • It would be unsuitable for your child's age, ability, or needs • It would be incompatible with the efficient education of other children • It would be an inefficient use of resources If the LA refuses your school request, they must give reasons. You can appeal this decision. You can request a mainstream school, a special school, an independent specialist school, or a school in another local authority. Independent specialist schools can be named but the LA must agree to fund them. Tip: Visit schools before the EHCP is finalised. Get written confirmation from the school that they can meet your child's needs as described in Section F.

If the local authority refuses to: • Carry out an assessment • Issue an EHCP following assessment • Name your preferred school • Include certain provision in Section F ...you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) — commonly called SENDIST or the SEND tribunal. You must first go through mediation (or get a certificate saying you considered it) before appealing. The tribunal is free to use and most parents represent themselves, though SEN solicitors and charities like IPSEA and SOS!SEN can help. Around 90% of tribunal cases that reach a hearing find in the parent's favour — so don't be put off by a refusal. Important: You have 2 months from the date of the decision to appeal.

An EHCP must be reviewed at least once a year — this is called the Annual Review. For children under 5, reviews happen every 6 months. The annual review looks at: • Whether the outcomes in the EHCP are being achieved • Whether the provision in Section F is still appropriate • What changes need to be made You should receive a report following the review and the LA must decide within 4 weeks whether to maintain, amend, or cease the EHCP. Key transitions — more detailed reviews happen at: • Year 9 (age 13-14): Planning for adulthood begins • Year 11 (age 15-16): Secondary to post-16 transition • Year 13 (age 17-18): Post-16 to adult life transition Tip: Use the annual review to request updated professional reports, add new needs that have been identified, and request changes to provision or placement.