An Education Health and Care Plan (EHCP) is a legal document which is expected to clearly set out the identified needs of a child or young person, and to detail the provision and name an educational placement which will be provided in order to meet those needs.
While it is a legal document, it is expected that an EHCP should be written in a way that is clear, concise, understandable and accessible to parents, children, young people, providers and practitioners .
Each local authority can design their own format for an EHCP but it must include specific sections:
This is background information and is written by the child and parents / carers, young person and should include all the views of the family. Any input from professionals should be indicated as such.
This section describes all identified needs under 4 headings: Communication & Interaction, Cognition & Learning, Social, Emotional & Mental Health, Physical and Sensory Needs. The strengths and skills of the child or young person may also be mentioned here.
This section must specify all health needs identified through the EHC needs assessment which relate to the child or young person’s SEND. The Integrated Care Board (ICB) can specify other health care needs which are not related to SEND but need management in a special educational setting (e.g. incontinence). Health needs not related to the child’s SEND should also be included in this section unless there is good reason not to include them.
This section contains the child or young person’s social care needs which relate to their SEN or to a disability. The local authority (LA) must gather information from relevant professionals about care needs. It may also choose to specify other social care need not linked to the SEN or disability. Whether social care needs relate to the SEN or disability will be decided after the EHC assessment, subject to legal requirements guidance and LA policy. The LA will use the evidence gathered during assessment to decide whether the child or young person has needs under:
- The Chronically Sick and Disabled Persons Act 1970 (CSDPA)
- The Children Act 1989
- The Care Act 2014 (for a young person over 18)
A Child In Need is defined under the Children Act 1989 as a child who is unlikely to achieve or maintain a reasonable level of health or development, or whose health or development is likely to be significantly or further impaired, without the provision of services; or a child who is disabled.
These are divided into the same for headings as used at Section B and should include both short-term (within the next 12 months) and long-term (by the end of the next key stage) outcomes.
Outcomes are expected to be SMART (Specific, Measurable, Achievable, Realistic, Time-related.)
This section should clearly describe all additional support, therapies and resources that have been identified to meet the needs listed in Section B. The Code of Practice expects any provision to be specified and quantified so that it is clear what additional support and resources are required to meet needs.
It is expected that this Section includes details such as:
- The qualifications and experience of staff who will be teaching and supporting
- If small group work is required, the size of that group, and length and frequency of sessions
- Any need for 1-1 work
- Input from other professionals (e.g. Speech and Language Therapy)
This may include medical treatments, nursing support, assistance with taking medication, wheelchair support etc. Some provision that is arranged through health professionals (Physiotherapy, Occupational Therapy or Speech and Language Therapy) will usually be seen as educational and so should be in Section F.
This refers to any social care social care provision which must be made for a child/young person under 18 resulting from Section 2 of the Chronically Sick and Disabled Persons Act 1970 (CSPDA)
Provision under CSPDA could include:
- Support at home e.g. personal care
- Support to access community
- Community based short breaks
- Travel assistance in the community
- Home adaptations
- Help with holidays costs
If a need, identified during assessment, can be met through these types of services the Local Authority (LA) must decide if it is necessary for them to meet this need. It must take account of family circumstances and the needs of other children in the family. If identified as necessary, support must be provided.
Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEND. This will include any adult social care provision being provided to meet a young person’s eligible needs (through a statutory care and support plan) under the Care Act 2014 or provision not covered by CSDPA.
This could include provision identified through
- Early Help
- Child in Need Assessment
- Safeguarding Assessment
For children and young people under 18 it includes:
- Residential short breaks
- Services linked to SEN but not to disability
If social care needs have been identified in Section D but the LA does not consider there is a duty to meet these needs under the CSPDA those needs should be included in this section. If a young person over 18 has support through an Adult Care and Support Plan, this should be incorporated into this section of the EHC Plan. Social care provision identified in this section will be anything that is ‘reasonably required’ subject to cost and practicality.
For a child in Year 9 and above any provision required to assist their preparation for adulthood and independent living must be included in this section.
This includes:
- Finding employment
- Housing
- Participation in society
All social care provision specified must facilitate ‘best possible’ social care outcomes.
This should set out the type and the name of the educational establishment where the special educational provision is to be made.
Any provision that is made via such a budget, rather than through the educational placement, is noted here.
All reports obtained to inform the first EHCP, as well as any subsequent reports and Annual Review reports will be listed here.
If dissatisfied with the content of the EHCP – and any concerns cannot be easily resolved – then there is a right of Appeal although this only relates to matters contained in Sections B, F and I.
Any appeal on educational grounds, can include a request to also consider recommendations in the Health and Social Care sections.