EHCP a guide for Parents

EHCP - A guide for Parents and Carers:

Recent news headlines report concerns that thousands of children in England are missing out on support as councils fail to meet care plan details. Councils have a legal time limit of 20 weeks to issue an education, health, and care plan (EHCP) after a parent or school asks for one. BBC News (May 2024) has found eight councils met this deadline in less than 5% of cases from April to December 2023.

This article provides a comprehensive guide on what an EHCP is and how to apply for an EHCP as a parent.

What is an EHCP?

An Educational Healthcare Plan (EHCP or EHC) is a legal document that sets out the education, healthcare, and social needs of a child or young person who requires extra support in school beyond what the school can provide. Previously, this was known as a "Statement of Special Educational Needs."

Children with an EHCP are usually entitled to extra one-to-one support in school (though not necessarily full-time). These children will have outside agencies involved in their support, such as SEN teachers, behavioural experts, or physiotherapists.

Who is an EHCP for?

An EHCP is for any child or young person with significant and complex Special Educational Needs or Disabilities (SEND). It is required when a child's needs cannot be met by the usual support available to them in their school or setting.

Many children with special needs receive support directly from their school without an EHCP. This support is general SEN support that comes from resources already available in the school. However, some children or young people's needs may be deemed significant and complex and require an EHCP assessment by the Local Authority (LA).

An EHCP is drawn up between the LA, Health and Social Care and the child's family (or directly with the young person if aged between 16 and 25). The purpose of an EHCP is to provide clear, structured support for any difficulties that the child or young person has. The EHCP will identify what a school must implement to help the child or young person and the outcomes necessary to achieve it. The EHCP will also set a clear timeframe during which the outcomes should be achieved and when they will be next reviewed. As it is legally binding, this means the LA must fund any extra help identified as necessary.

An EHCP can be a golden ticket when it comes to school admissions. In the bunfight of applications for reception and year 7, a child with an EHCP gets a priority place ahead of many other applicants. It even allows a parent to apply to schools for which they are out of catchment or otherwise don't meet the admissions criteria if the parent can show that this school has provision for their child's needs, which their local schools lack.

How to apply for an EHCP as a parent

The new SEND Code of Practice (2014) emphasises that parents are central to helping their children thrive and succeed at school. The parents and the teachers are all on the same side and work together to support the child.

In theory, parents should be in close contact about what is working, what is not, and what else could be tried. In reality, this is often far from the truth. Communication between school and parents may be sporadic; you may not feel welcome, judged, or even consider that your school is failing your child.

The process for applying for an EHCP varies according to the LA but has some general requirements:

• As the parent, you will initially be asked to request an EHC needs assessment (EHCna) to see if your child's needs can be met under their current school's SEN provision or whether an EHCP is necessary. Note that not all needs assessments will result in the provision of an EHCP.
• The School SEN Coordinator (SENCO) will generally start the process for you. However, if your school is not proactive or disagrees with you, you can request an EHCna for your child directly from your LA. Young people aged 16-25 can request one directly from the LA website.
• To qualify for an EHCP assessment, you must supply evidence of your child's academic attainment and rate of progress, and you must provide information about the nature, extent and context of their needs.

The LA must respond to your request for an assessment within six weeks, so please note the date you submit your request.

LAs routinely turn families away at this stage, often stating that they will only assess children once they have a report from an educational psychologist or a diagnosis. They may ask you to participate in information-gathering about your child. This is your chance to collate evidence and document your child's difficulties, strengths and aspirations. There is an opportunity for parents to present their views and hopes.

A mum recently through the EHCP application advises families to stick to their guns and, if necessary, move straight to an appeal. An appeal, despite the name, is only a paper exercise, and more than 90% of families who go on to appeal will go on to win their case. I was being called by my son's mainstream school, on a near-daily basis, about problems they were having with his autistic behaviours, yet we were turned down when we applied for an EHCP, she says. I thought that was the end of the line, but luckily, we got some advice and appealed, and this time they accepted it.

Once the LA has agreed to an EHC assessment, they will begin to gather information from parents and all education professionals, doctors, and therapists involved in the child's care. Before a final draft of the EHCP is agreed upon, the family will be invited to a Support and Outcomes Plan session.

Ensure that a review date is set for the EHCP and determine who is responsible for it. For young children, the EHCP may need updating every few months; for older children, most EHCPS will require an annual review.

Parents can be upset by the sometimes depressing picture that an EHCP presents of their child. You sometimes have to grit your teeth. It can be horrible to read several professional reports describing your child in negative terms. Still, it sometimes is necessary to get the right help for them. says a father.

From the initial agreement to assess through to the final draft of the EHCP, it can take 20 weeks, though sometimes a little longer.

What does an EHCP include?

An EHCP will include 12 sections of crucial information, which include:

• (A) The views, the interests and aspirations of the child or young person
• (B) The child's or young person's Special Educational Needs
• (C) The health needs related to the child's or young person's SEN or disability
• (D) The social care needs related to the child's or young person's SEN or disability
• (E) The planned outcomes for the child or young person
• (F) The provision for the needs mentioned in Section B
• (G) Any health provision
• (H1) Any social care provision that must be made for a child or young person
• (H2) Any social care provision related to a child's SEN or a disability
• (I) The name/type of school or setting
• (J) Details of any personal budget
• (K) Any advice and information from the EHC assessment

Note, if a young person is in or beyond Year 9, the EHCP must also set out the provision for the young person in preparing for adulthood and independent living.

How long does an EHCP last?

The EHCP will be reviewed once every year by the Local Authority. The Annual Review Meeting involves all the agencies involved with a child or young person, including the young person. This meeting will review the progress towards the outcomes in the EHCP, discuss any changes in need or new needs that may be present, and give everybody involved with the child a chance to share their views, feelings and wishes about their education, health and overall care.

An EHCP should support a child or young person from birth up to 25, helping them access school, further education, training, and further support in the workplace.

Getting the most from your EHCP's personal budget

If your child has an EHCP (or has been told they need one), you may be able to control their personal budget. This will give you much more say in how to spend the money to support your child.

There are three ways you can organise your personal budget:

• You can have direct payments into your personal bank account so that you can buy and manage services yourself
• You can have an arrangement with your school or LA, where they hold the money for you, but you can still decide how to spend it (called 'notional arrangements')
• You can agree with a third-party arrangement where you can choose someone else to manage the money for you.

We would recommend that any parent aims to secure the first of these three options so that they can have complete control of their budget and can direct this all to their own child rather than letting a school or other provider use this to provide more general SEN support for other children in that setting.

Finding an SEN tutor

Whether you succeed or not in securing an EHCP with funding, you may wish to consider finding your own SEN tutor.

You should look for a qualified and experienced SENCO or SEN teacher who is a subject specialist and up-to-date with the latest techniques and developments in supporting learners with Special Educational Needs.

Teachers To Your Home provides qualified SEN teachers across the UK to support families seeking SEN tuition. You can view or contact relevant and available SEN teachers to support children with:

• ADHD
• ASD
• Autism
• Anxiety Disorder
• Behavioural, Emotional and Social Difficulties
• Dyscalculia
• Dyslexia

The Bottom Line

Navigating the complexities of securing an Educational Health and Care Plan (EHCP) for your child can be challenging, but understanding the process and your rights can significantly ease the journey. By following the guidelines and utilising available resources, you can ensure your child receives the support they need to thrive in their educational environment. Remember, collaboration with professionals and consistent advocacy are key. For further assistance and detailed information, visit the Teachers To Your Home website and explore additional support options tailored to your child's needs.