When you receive your draft EHCP this is your opportunity to check whether it contains everything it should.
Under Regulation 12 of the Special Educational Needs and Disability Regulations 2014 (SEN Regs) an EHCP must have the following sections:
- Section A: the views, interests and hopes of the child and their parents or the young person
- Section B: the child or young person’s special educational need (SEN)
- Section C: health care needs relating to their SEN
- Section D: social care needs relating to their SEN or to a disability
- Section E: the what the outcomes of the support are hoped to be
- Section F: the special educational provision needed to meet their SEN
- Section G: any health care provision needed to meet the child or young person's needs
- Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/ or to meed the needs of the child or young person
- Section I: the name of the school to be attended by the child or young person, and the type of place of education (this should be left blank on the draft document and is only put into the final document)
- Section J: details of any direct payments
- Section K: copies of all of the advice and information as part of the EHC needs assessment.
Where the child or young person is in or beyond Year 9 the EHCP must also include provision needed to assist in preparation for adulthood.
Support for checking your draft EHCP
EHCPs are long and complicated documents. Checking your draft matches the legal requirements can feel like a difficult and overwhelming task, but there are services that can support you.
- Contact SENDIASS for help checking your draft EHCP.
- SOS!SEN - offers a free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs and Disability (SEND). 0300 302 3731
- The charity IPSEA has produced a useful EHCP checklist that can be used to check whether your draft EHCP complies with the law. Also offers an advice line and events and workshops throughout the year as an opportunity to learn more about EHCPs.
The final EHCP
Once the final EHCP has been produced, your child or young person is legally entitled to the provision set out in the plan.
If you requested a particular school or college to be named then they should appear in the final plan. The institution named must then admit the child or young person and put the educational provision specified in the EHCP into place.
The final plan must be issued within a maximum of 20 weeks from the request for an EHC needs assessment.
If you don't receive your final plan within this time frame, you have the right to complain.
Generally, parents who have been involved throughout the EHC assessment and EHCP development process will be happy with the final plan. If you’re not however, it’s always good to speak to your SEN officer and explain your thoughts, and to speak to your child’s SENCo to get their thoughts about it.
You have the right to appeal or pursue mediation as a way of resolving disagreements about any of the sections of the EHCP. Contact SENDIASS if you'd like more information.