Has your child received their Education Health and Care plan? At a glance
- After carrying out an Education Health and Care (EHC) needs assessment, your Local Authority may issue an EHC plan for your child.
- The EHC plan explains what the Local Authority believes is the appropriate educational setting and the specific support your child needs.
- If you disagree with the plan, you can appeal to have it changed – but you will find it beneficial to have legal support.
- If your child already has an EHC Plan, following an Annual Review, you may not reach agreement with the Local Authority about the changes that are needed to the EHC plan and require an appeal.
- Our in-depth specialist knowledge will give your appeal the best chance of success, helping ensure your child has the resources and support they need for the future.
When your child has a learning difficulty, it’s vital to have an accurate description of their needs. If your Local Authority has agreed to carry out an Education Health and Care (EHC) needs assessment, a number of professionals will assess your child and provide a detailed description their needs and the support they require to access the school curriculum.
The Local Authority may then decide to issue an EHC plan. It should identify the appropriate educational setting for your child, and the support required to meet your child’s needs. An EHC plan covers several aspects including social care, Special Educational Provision, school and personal budget.
As a parent or guardian, you can use the EHC plan to ask for therapies such as speech and language therapy, occupational therapy and physiotherapy. Your request will need to be supported by professional evidence. Your Local Authority should publish details of what they provide in your area to support families and children with SEN. Ultimately, they must fund the necessary support if your child is identified as having special educational needs.
Once an EHC plan is in place, it will be reviewed annually to take account of your child’s changing needs – for example when moving schools. There might be some sections of the plan you disagree with, for example if you feel it doesn’t fully meet your child’s needs or the proposed school is unsuitable.
You can appeal some sections of an EHC plan, but not others, at a Tribunal. You will need carefully prepared evidence to support your appeal and you’ll also need to meet certain deadlines. At this point, we strongly recommend you speak to one of our solicitors who will be able to help you.
Naturally, you’ll have invested time and emotions in trying to secure what’s best for your child, and we know from experience that parents often find the appeal process difficult. As we specialise in representing parents and children in education law matters, we’ll use our in-depth knowledge and expertise to guide you through the process, calmly and professionally. You can trust us to help prepare all the evidence you need with the right level of detail, communicate with all the parties involved and present your case effectively.
For more information about appealing an EHC plan (and other Local Authority or school decisions), see our page on ‘What to do if you do not agree with your Local Authority or school?’ You’re also welcome to contact us for expert advice for the specific situation affecting your child.
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