What does an EHCP entitle you to?

An Education, Health and Care Plan (EHCP) outlines your child’s Special Educational Needs (SEN) and should ensure they receive the necessary support.

It is the responsibility of your Local Authority to conduct an Education, Health, and Care Needs Assessment upon your request or the request of your child’s school.

This assessment determines whether your child requires a comprehensive plan.

If you receive an Education, Health and Care Plan (EHCP), your child may be eligible for:

• Special education provision within their current school.
• Therapies such as Speech and Language, Occupational Therapy, or physiotherapy.
• Placement in a mainstream school with an Alternative Resource Provision (ARP) or in a special school.
• Any other support that is essential for their educational experience, including home-to-school transport.
• Involvement of health and social workers to assist them beyond their educational needs.

This blog will explain what an Education, Health and Care Plan (EHCP) is, what it entitles you to and how it can help your child.

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific guidance relevant to your situation and to arrange an initial fixed fee education law consultation, please contact our education law senior administrator, Rachael, on 01895 207230 or email educationteam@ibblaw.co.uk

Can I get Disability Living Allowance (DLA) if my child has an EHCP?

Yes, you can still apply for Disability Living Allowance (DLA) if your child has an EHCP.

The criteria for DLA is separate from an EHCP, which is specifically for meeting your child’s educational needs.

Disability Living Allowance (DLA) is for people who need extra help with the costs of looking after a child who:

• Is under 16
• Has difficulties walking or needs much more looking after than a child of the same age who does not have a disability.

They will need to meet all the eligibility requirements.

The DLA rate varies depending on the level of help the child needs.

You can visit the gov.uk website to see what help you may be entitled to.

Do you need a diagnosis for an EHCP?

A formal diagnosis is not a requirement for starting an application for an Individual Education Plan (IEP) or an Education, Health, and Care (EHC) plan.

However, when applying for an EHCP, identifying likely Special Educational Needs (SEN) is necessary. The process of getting an EHCP can begin before the child receives a formal diagnosis.  However, in most cases, a diagnosis is in progress during the application.

Parents or carers can apply for an EHC plan on behalf of a child or young person up to the age of 25, and individuals aged 16-25 can also apply for themselves. The child’s school or early years setting may offer assistance in writing and requesting an EHC plan needs assessment.

During the application, the school will be required to provide evidence. If the school staff believe an EHC plan is not necessary for your child, you may need to discuss this with the school or consider mediation to come to an agreement.

Refer to the UK Government website for guidelines on beginning the EHCP application process.

What’s the difference between an IEP and an EHCP?

The main difference between an Individualised Education Plan (IEP) and an Education, Health, and Care Plan (EHCP) lies in their coverage and legal backing.

An IEP is determined by the school, focusing solely on a child’s educational needs within that specific institution. It is not legally backed and lacks the comprehensive coverage of an EHCP.

On the other hand, an EHCP is legally binding, with the Local Authority having a legal obligation to implement it. An EHCP encompasses not only educational needs but also addresses social and health aspects, providing a more holistic and inclusive plan for children with special educational needs.

Can an EHCP be refused?

Your local authority may determine that an Education, Health, and Care Plan (EHCP) is unnecessary for your child, often when they believe that the Special Educational Needs (SEN) support within the school adequately addresses your child’s needs.

If the local authority refuses an EHCP, they must inform you about your right to appeal, the time limit, the need to consider mediation and the availability of information, advice, support and disagreement resolution services.

The local authority has 16 weeks to say if they are not giving your child an EHCP, which starts when they receive the request for assessment from either you or the school.

Throughout this period, your child should continue receiving SEN support in school even without an EHCP.

Should you disagree with the local authority’s decision regarding your child’s EHCP entitlements, you have the option to appeal to the Special Educational Needs and Disability (SEND) Tribunal.

You can appeal if you do not agree with the EHC plan your local authority has made, or if they:

• Refuse to carry out an EHC assessment or reassessment.
• Refuse to create an EHC plan after carrying out an assessment or reassessment.
• Refuse to change the sections of an existing EHC plan which are about education.
• Decide you or your child does not need an EHC plan any more.

What are the benefits of an EHCP?

Having an Education, Health, and Care Plan (EHCP) comes with numerous benefits.

Firstly, it secures additional funding for schools, allowing for extra support and services tailored to the child’s needs.

The EHCP is a legally binding document, ensuring that the specified support outlined within the plan must be provided by the education provider.

This legal backing allows parents to address any issues through a tribunal if the Local Authority fails to deliver the outlined provisions.

An EHCP also covers a child’s social, emotional, cognitive, and learning needs, regardless of Local Authority funding issues.

It designates a specific school, including the provisions that the school must provide, and spans until the child completes education or turns 25, encompassing further education and apprenticeships but not university.

Get in touch with our Education Solicitors specialising in Education, Health and Care Plans

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific guidance relevant to your situation and to arrange an initial fixed fee education law consultation, with one of our special educational needs lawyers please contact our education law senior administrator, Rachael, on 01895 207230 or email educationteam@ibblaw.co.uk . Rachael will explain the process and if you want to proceed with a fixed fee consultation, she will send you a link to enable you to book an online appointment, for a day and time that is most convenient to you.