What an EHCP Can Accomplish for a Child or Young Person

An Education, Health, and Care Plan (EHCP) can be a transformative tool for children and young people with special educational needs (SEN). By offering a structured and legally binding framework, an EHCP ensures that children and young people receive the support they need to thrive both in and out of school. This article discusses what an EHCP can provide, the types of provision it can include, and the responsibilities local authorities have in funding and delivering the specified provision.

Understanding the Basics of an EHCP

An EHCP is a legal document that is tailored to meet the individual needs of a child or young person aged 0-25 (in fact, running until the young person’s 26th birthday) with SEN. It identifies a child or young person’s needs in education, health, and social care. It also specifies the support needed for each need. To qualify for an EHCP, a child must have needs that standard school support systems cannot meet, which prompts a thorough assessment process.

An EHCP is divided into 11 sections. However, the main sections that are legally enforceable are sections B, F and I.

• Section B: A detailed description of the child or young person’s SEN.
• Section F: Fully detailed, quantified and specified provision to meet the child or young person’s SEN.
• Section I: Type of placement and name of educational institution the child or young person is to attend.

An EHCP also addresses health and social care in sections C, D, G and H.

• Section C: Description of health care needs.
• Section D: Description of social care needs.
• Section G: Health care provision.
• Section H: Social care provision.

An EHCP provides families with robust protections and rights to ensure their child or young person’s needs are met effectively. An EHCP guarantees that all specified provision within section F will be delivered. If a local authority fails to provide the outlined support, families can take legal action to enforce the plan.

Types of Support and Services Accessible Through an EHCP

EHCPs offer a wide range of educational and support services tailored to the unique needs of the child or young person. These services can cover educational, therapeutic, health, and social care support, as well as placements in specialist settings.

Special Educational Provision (Section F)

Special educational provision is at the heart of an EHCP. There are hundreds, maybe thousands, of types of special educational provision that can be implemented through an EHCP. It is important that each provision is sufficiently quantified and specified within section F of the EHCP, as this section is legally binding. This means the local authority is obliged to pay for any provision within section F of an EHCP.

Examples of educational support may include:

• Specialist teaching: For instance, children and young people with dyslexia, autism, or attention deficit hyperactivity disorder (ADHD) may require specific support from teachers trained in these areas. For example, a child may require a weekly session with a specialist dyslexia teacher.
• Learning support assistance: Hiring an experienced assistant with expertise in SEN (possibly even specialised on a certain type of SEN) to assist the child or young person one-to-one for a certain number of hours per week.
• Individualised learning programmes: Schools or colleges may create bespoke curricula or strategies to help children and young people achieve their educational goals.
• Assistive technology: Tools such as laptops, text-to-speech software, communication devices, or adapted keyboards can help children and young people overcome barriers to learning.
• Adaptations to the environment: Adjusting school or college facilities to meet physical or sensory needs, such as installing ramps or creating sensory rooms.
• Adaptations to the child or young person’s expectations: This can include the ability to come in and out of the classroom staggered from other pupils to avoid crowding in the halls or sensory triggers, adjustments to the uniform, or extra help dressing for PE.

Therapeutic Services (Section F)

Therapeutic intervention goes hand-in-hand with educational provision and informs section F of an EHCP. Therapies play a crucial role in supporting children and young people with SEN. Any health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision, and must therefore be included within section F of an EHCP.

An EHCP can include:

• Speech and Language Therapy (SLT): For children and young people with communication difficulties, SLT can help develop skills essential for learning and interaction. For example, a child or young person may require weekly sessions with a speech and language therapist. This can also extend to small group approaches, such as social skills groups that are run by a speech and language therapist.
• Occupational Therapy (OT): OT assists children and young people with tasks related to fine motor skills, sensory processing, and daily living activities. Again, a child or young person may require weekly sessions with an occupational therapist. They may also need provision such as sensory diets that are monitored by an occupational therapist.
• Physiotherapy: Physiotherapist intervention is often essential for children or young people with physical disabilities or mobility challenges. The child or young person may require direct therapy during the school or college day or provide physiotherapy programmes that include exercises to be delivered by a trained member of staff.
• Mental Health Support: A child or young person may require frequent counselling, behaviour therapy, or psychological services for emotional and social well-being.

Section F of an EHCP can also contain details of a bespoke educational package to be delivered outside of a school environment (an ‘EOTAS’ or ‘EOTIS’ package), if it is deemed a school is unable to appropriately deliver any special educational provision the child or young person requires (for example, this is often the case where a child is unable to attend school due to severe mental health difficulties).

Health-Related Support (Section G)

Many children and young people with SEN have health needs that require ongoing intervention. EHCPs can ensure access to:

• Specialised Medical Care: For instance, diabetes management or support for children or young people with epilepsy during school hours.
• Equipment or Mobility Aids: Wheelchairs, hearing aids, or other tools necessary for a child or young person’s physical well-being.

Social Care Support (Section H)

Social care provision addresses the broader needs of the child or young person and their family. This might include:

• Respite Care: Providing short breaks for parents and caregivers. This often extends to respite breaks during the school or college holidays and may include doing activities in the community with a child or young person.
• Life Skills Training: Helping young people prepare for independent living and moving towards employment.
• Personal Assistance: Support with personal care tasks or supervision outside of school or college hours.

Educational Placements (Section I)

An EHCP will name an educational placement within section I that the child or young person is to attend. There are two main categories of educational placement in terms of the way they are normally funded. The first is a placement which is free to parents and is usually paid for by the state (maintained schools), and the second is a placement which parents will usually pay a fee to send their child there (independent schools).

If an independent mainstream or specialist school is required to appropriately educate a child or young person, it will be named in section I of their EHCP and the local authority will be obliged to pay for any school fees involved (including boarding fees, if necessary). Any placement named in section I of an EHC plan must be suitable. If local school or college options are inadequate, the local authority must cover the cost of sending a child or young person to a suitable school or college elsewhere (if that setting is named in section I), which may include a setting in a different local authority or even a residential setting.

In order to show that an independent setting should be named in section I of an EHCP, it is necessary to ensure sections B and F are also adequately examined. If section B of an EHCP fails to fully specify, quantify and fully outline the child or young person’s needs, all of their diagnoses and how they impact on their education on a day-to-day basis, then it is likely that section F of the plan will fail to include all the provision to meet those needs. If section B and F are inadequate, this will almost certainly lead to an inadequate placement being named in section I, or the placement named being unable to meet need because of lack of suitable provision.

Funding Obligations of the Local Authority

Local authorities are legally obligated to fund and deliver the provision outlined in section F of an EHCP. This ensures that children or young people receive the support they need, regardless of the cost or complexity involved.

Local authorities have a statutory duty to ensure all provision in section F of an EHCP are implemented. Failure to secure these services can be challenged through legal action by the child or young person to whom the EHCP belong, emphasising the binding nature of these plans.

Right to Appeal

Parents and young people have the right to challenge decisions relating to an EHCP. This includes the right to appeal against a local authority refusing to carry out an EHC needs assessment, a refusal to issue an EHCP, the contents of the plan, and/or the placement specified. Appeals are handled by the First-tier Tribunal (Special Educational Needs and Disability), often referred to as the ‘SEND Tribunal’. The SEND Tribunal can ultimately order amendments to be made to sections B, F and I of an EHCP, and has the power to make recommendations in relation to the health and social care sections of the EHCP.

Conclusion

An EHCP is more than just a document; it is a lifeline for children and young people with SEN and their families. By addressing educational, health, and social care needs in a comprehensive and coordinated way, an EHCP can unlock a child or young person’s potential and improve their quality of life. While the process of securing and implementing an EHCP can be complex, understanding the rights and resources available can empower families to advocate effectively for their child’s needs.

If you have any questions in relation to this article, please contact the Geldards Education Team.