An Education Health & Care Plan replaces Statements of Special Educational Needs in England, as a result of the Children and Families Act 2014. By 1 April 2018, all Statements of SEN should have been replaced with an EHCP following a legally prescribed transition process. In Wales, Statements of SEN remain in force and are governed [...]
The first step in the process is to request an Education, Health and Care Needs Assessment of the child. An EHC Needs Assessment informs a Local Authority’s decision on whether it needs to issue an EHCP for the child or young person. Once a Local Authority agrees to carry out an EHC Needs Assessment it must [...]
An EHC Needs Assessment is an integrated assessment of the education, health care and social care needs of the child or young person. A Local Authority must seek advice on a child or young person’s needs, the provision to meet those needs and outcomes expected to be achieved. Advice can be sought from: the child’s parent [...]
These are newly introduced elements of EHCPs. Local Authorities can now be requested to identify a ‘personal budget’ for a child or young person that an EHCP is maintained for. A personal budget is an amount of money identified by a Local Authority to deliver provision set out in the EHCP where the parent or young [...]
I have been told that once my child reaches age 16, I have no rights regarding their EHCP – is that true?
The Children and Families Act 2014, which is the legal framework for EHCPs, states that once a young person reaches the end of compulsory school age, all rights that were previously held by the parent, pass to the young person, subject to the young person having mental capacity, as per the Mental Capacity Act 2005. Once [...]
What is the Special Educational Needs and Disability (SEND) Tribunal and when is it useful? What are the cost implications of going to Tribunal?
The SEND Tribunal is the legally identified route of redress against Local Authority decisions for specified matters concerning EHCPs. It is an independent national tribunal which hears parents’ and young people’s appeals against Local Authority decisions about the special educational needs of children and young people. Specifically, parents/young person can appeal to the SEND Tribunal against [...]
Local Authorities are required to arrange free and suitable home-to-school transport for children of compulsory school age who are ‘eligible’ to their nearest suitable qualifying school. Eligible children is defined under four categories: Children with SEN, a disability or a mobility difficulty Children whose route to school is unsafe Children who live beyond the statutory walking [...]
My child has stopped receiving the speech and language provision set out in their EHCP – what can I do about this?
Speech and language provision should be specified in Section F of the EHCP and by law, Local Authorities are required to secure the special educational provision specified in Section F. Once you discover the provision is not being provided, you need to raise this with the Local Authority directly and immediately, in writing. It may also [...]
I disagree with the school that has been named in my child’s EHCP, as well as the description of needs. I have been advised that I must go through mediation before I can consider appealing. Is that correct?
Mediation in SEN matters is an optional, not mandatory process. In most cases, you need to secure a Mediation Certificate to lodge an appeal with the SEND Tribunal, which can be done either by pursuing mediation (and securing a certificate at the end of the process) or simply contacting the nominated mediation service and requesting a [...]
The document is produced and maintained by your Local Authority and should specify the special educational needs and special educational provision required by the child/young person. The EHCP should also specify the educational placement that the child/young person should attend. The Plan also has sections that should detail the health care provision that has been assessed [...]