EHC Plans & Annual Reviews
What is an Education, Health and Care Plan?
An Education, Health and Care Plan (EHC plan) describes your child’s Special Educational Needs (SEN) and the help they will get to meet them. An EHC plan also includes any health or care provision that is needed. It is a legal document written by the local authority and is intended to ensure that children and young people with an EHC plan receive the support they need.
EHC plans replaced Statements of Special Educational Need and Section 139 Learning Difficulty Assessments (LDA) on 1st September 2014.
EHC plans are for children and young people who need more support than their school or other setting can provide. The plans can start from a child’s birth and continue into further education and training.
The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.
The SEND Code of Practice 2015 (9.2)
Who needs an EHC Plan?
EHC plans are for children and young people who have a special educational need or disability that cannot be met by the support that is available at their school or college.
Most children and young people with special educational needs will have help given to them without the need for an EHC plan. This is called SEN Support.
The purpose of SEN support is to help children to achieve the Outcomes or Learning Objectives that have been set for them.
Some children and young people may not make the progress expected of them, even with this help. When this happens the Local Authority carry out an EHC needs assessment. A few children and young people have such significant difficulties that an EHC needs assessment should not be delayed.
You or your child’s school can ask the Local Authority to make an EHC needs assessment. When this assessment is finished the Local Authority must decide whether to issue an EHC Plan.
In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post – 16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.
SEND Code of Practice 2015 (9.14)
The Law states that if your child has or may have special educational needs and may need provision to be made via an EHC plan; the Local Authority must conduct an EHC needs assessment. You do not have to prove that an EHC plan is definitely necessary to obtain an assessment; you just have to show it may be necessary. If you think your child needs more help than the school can provide, you can ask for an assessment.
You can out more information about EHC needs assessment and how to ask for one in Hartlepool Borough Council’s Local Offer via Hartlepool Family Hubs.
What does an EHC plan include?
The SEND Code of Practice 2015 says that EHC plans should:
- Be based on decisions made openly, and with parents, children and young people.
- Describe what the child or young person can do.
- Be clear, concise, understandable and accessible.
- Consider how best to achieve the outcomes for the child or young person. They must take into account the evidence from the EHC needs assessment.
- Specify clear outcomes.
- Consider alternative ways of providing support if a parent or young person wishes it. This could include having a Personal Budget.
- Show how education, health and care provision will be co-ordinated.
- Be forward looking- for example, anticipating, planning and commissioning for important transition points in a child or young person’s life.
- Describe how informal support as well as formal support from statutory agencies can help in achieving agreed outcomes.
- Have a review date.
There is a full list of principles and requirements in the SEND Code of Practice 2015 section 9.61.
Every EHC plan must include at least 12 sections, but each local authority can decide how to set these out.
The sections are:
A: The views, interests and aspirations of you and your child or the young person.
B: Your child’s or young person’s special educational needs.
C: Health needs related to their SEN or to a disability.
D: Social care needs related to their SEN or to a disability.
E: Planned outcomes for your child or the young person.
F: Special Educational Provision. Provision must be specified for each and every need shown in section B.
G: Any health provision required that is related to their SEN or to a disability.
H1: Any social care provision that must be made for your child or young person under 18.
H2: Any other social care provision required that is related to their SEN or to a disability.
I: The name and type of the school, maintained nursery school, Post-16 institution or other institution to be attended.
J: Details of how any personal budget will support particular outcomes and the provision it will be used for.
K: The advice and information gathered during the EHC needs assessment.
Where the child or young person is in or beyond Year 9, the EHC plan must also include the provision required by your child or young person to help prepare for adulthood and independent living.
You can read the full list of what is included in each section in the SEND Code of Practice 2015 sections 9.62 and 9.63
You can find a detailed checklist covering each of these sections on the IPSEA website.
Can I request a particular school?
The law says that parents or the young person has a right to request that a particular school, college or other institution is named in the EHC plan. The Local Authority must agree to this request unless:
- It would be unsuitable for the age, ability, aptitude or SEN of the child or young person,
OR
- The attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources.
You can find out more about your rights to request a particular school or college in the SEND Code of Practice 2015 sections 9.78 to 9.90
How will I be involved?
The SEND Code of Practice 2015 says:
Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan. (9.21)
And
Reviews must be undertaken in partnership with the child and their parent or the young person , and must take account of their views, wishes and feelings, including their right to request a Personal Budget (9.168)
Your views, and your child’s views, are really important. The Local Authority, school or college should help you take part and involve you in decision making. If you would like help to do this please contact the Information, Advice and Support Service for impartial advice and support. We can also give you information on other sources of help, and on what to do if you do not fell that you have been heard of listened to.
Annual Reviews
Once the plan is finalised the ‘headteacher/principal of the school, college or other institution named in the EHC plan should ensure that those teaching or working with the child or young person are aware of their needs and have arrangements in place to meet them’.
The Annual Review ensures that the Local Authority, school or other educational institution and professionals from health and social care can monitor progress towards the outcomes and aspirations in the EHC plan.
Reviews must be carried out in partnership with the child and their parents or the young person and must take account of their views, wishes and feelings.
The first review must be held within 12 months of the date the EHC plan was issued and then within 12 months of a previous review.
They should also ensure that progress is monitored during the course of the year and a formal review of the EHC plan must take place at least annually.
SEND Code of Practice 2015 (9.130)
The purpose of the annual review is to:
- Focus on progress towards achieving outcomes.
- Consider whether the outcomes and supporting targets remain appropriate.
- Set new interim targets for the coming year and, if needed, agree new outcomes.
- Review the education, health and social care provision and how effective this is in ensuring good progress towards outcomes.
- Gather and assess information that can be used to support children and young people’s progress, teaching and learning.
- Consider whether a plan is still needed.
At least 2 weeks before the start of each term, the Local Authority should write to the school or education institution with a list of children and young people that will need a review of their EHC plan that term.
The Local Authority should also provide a list to the clinical commissioning group or NHS England and professionals responsible for social care. The list should show which reviews must focus on transition and preparation for adulthood.
The child/young person’s school or education institution must invite representatives from health and social care to attend the review meeting (if involved). They must also seek advice and information about the child or young person from all parties invited. Information and advice gathered should be circulated to all those invited at least two weeks before the review meeting.
Not all professionals will attend routine annual review meetings, they may only attend if it is a key transition review (moving from nursery to primary, primary to secondary, secondary to further education), or if there is a particular issue to be discussed. Speak to your school about this if you have any queries.
Before the meeting it is a good idea to make a list of all points you want to make, and list all questions you want to ask. Think about the outcomes in the plan and targets to meet the outcomes. Do they need updating or amending? Also look at Section A of the plan “All about me”, and provide an update if things have changed in this area.
The review meeting must focus on your child’s progress towards meeting the outcomes in the plan and the targets needed to achieve this.
Children, parents and young people should be supported to engage fully in the review meeting.
The school (or Local Authority for other education institutions) must prepare a report setting out recommendations or any amendments to the EHC plan and differences of opinion at the meeting. The report must be sent to everyone invited to the meeting.
The Local Authority must decide whether to keep the plan as it is, amend the plan or cease to maintain the plan. This decision is sent to the child’s parent or young person and their school or education setting.
When the Local Authority proposes to amend the plan they will send you a notification of amendments, copies of the evidence to support these amendments and a copy of the original plan. You have 15 days to comment, including requesting a school (if needed). You can ask for a meeting if you need to discuss the changes. If the local authority continues with the amendments, they must issue the amended plan as quickly as possible and within 8 weeks of the original amendment notice.
If the Local Authority is not going to amend the plan, or is going to cease to maintain a plan, they must tell you in writing that you have the right to appeal the decision. The Local Authority must also tell you the time scale for this process and the requirement for you to consider mediation and the availability of information, advice and support and disagreement resolution.
The review process enables changes to be made to an EHC plan. If a child/young person’s needs have changed significantly a reassessment may be requested.
Information about reviews at different phases in children and young people’s education
Monitoring EHC plans between Annual Reviews:
The SEND Code of Practice states that ‘the Education, Health and Care plan should also specify the arrangements for setting shorter term targets at the level of the school or other institution where the child or young person is placed’. 9.69
Early Review
You can ask for an early review if you believe there is an urgent need for a change to the EHC plan for example, because the needs have changed significantly or the provision is no longer meeting the child or young person’s needs.
The Local Authority should consider reviewing the EHC plan every three to six months. The process would not always require the attendance of a full range of professionals. The child’s parent must be consulted about any proposed changes to the EHC plan and be made aware of their right to appeal to tribunal, mediation, information, advice and support and disagreement resolution.
Moving from nursery to primary or primary to secondary school, the review and any amendments must be completed by 15th February in the calendar year of the transfer.
Annual reviews must be centred on the child or young person’s aspirations, abilities and what they want to do when they leave Post-16 education or training. The focus is on preparing for adulthood which includes: employment, independent living and participation in society. The reviews must look at the support your child will need to achieve their ambition.
The review process must be completed by 31st March during the calendar year in which the transfer takes place.
The review process should normally be completed by 31st March where a young person is expected to transfer to a different institution in the new academic year. For young people moving at different of the year the Local Authority must review and amend the plan (if necessary), at least 5 months before the transfer takes place. Some young people may not meet the entry requirement or change their minds after March or the 5th month deadline – in this case the local authority should review the EHC plan with the young person as soon as possible as far in advance of the start date as practicable.
The Local Authority must consider whether the educational or training outcomes from the EHC plan have been achieved. If the educational or training outcomes have not been achieved the EHC plan may be extended beyond the age of 18. When the end of formal education is going to be within the next 12 months, the annual review should consider the support, provision and outcomes needed to make a smooth transition to higher education, employment, independent living or adult care.
If you are unhappy with the changes to the EHC plan or the local authority refuses to make changes to the plan following an Annual Review, Hartlepool SENDIAS Service can give you impartial advice and support and explain your options. This may include independent disagreement resolution, mediation or going to appeal.
You can also find out more from our factsheet: What if I do not agree with decisions about SEN provision?
