EHC plans
An education, health and care (EHC) plan is a legal document that describes a pupil’s special educational, health and social care needs and the support they need to help them to get the best outcomes when they become adults.
To decide whether an EHC plan is necessary, the pupil will need to undergo an EHC needs assessment.
The EHC needs assessment is not normally the first step in the process for helping to meet the needs of the child, but should be built on co-ordinated work that is already happening between families, educational settings and any other health or social care services who are involved.
What goes into an EHC plan?
An EHC plan should be forward-looking and describe positively what your child can do and has achieved. It should be clear, concise, understandable and accessible to parents, children, young people, practitioners and providers. It must also specify the outcomes sought for your child.
EHC plans will identify need/s, set out clear relevant outcomes and specify the provision required to achieve those outcomes. Outcomes must be co-produced with parent/carers, describe positively your child or young person can do and tell their story well and coherently.
Decisions about the content of the plan are made openly and collaboratively and it should be clear how you and your child or young person have contributed to its development.
The EHC plan must meet the requirements of part 3 of the Children and Families Act 2014, Regulations and the SEND Code of Practice Paragraph: 9.62.
The overall format of the plan may differ if you move to another area, however, the Children and Families Act 2014, sets out what must be included in the plan and the SEND Code of Practice provides guidance on this.
EHC plans must include the following sections:
- Section A: The views, interests and aspirations of the child and his or her parents or the young person.
- Section B: The child or young person’s special educational needs.
- Section C: The child or young person’s health needs which are related to their SEN.
- Section D: The child or young person’s social care needs which are related to their SEN or to a disability.
- Section E: The outcomes sought for the child or the young person. This should include outcomes for adult life we call these preparing for adulthood outcomes. The EHC plan should also identify the arrangements for the setting of shorter term targets by the early years provider, school, college or other education or training provider.
- Section F: The special educational provision required by the child or the young person.
- Section G: Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. Where an Individual Health Care Plan is made for them, that plan should be included.
- Section H1: Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970.
- Section H2: Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. 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.
- Section I: The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended by the child or young person and the type of that institution (or, where the name of a school or other institution is not specified in the EHC plan, the type of school or other institution to be attended by the child or young person).
- Section J: Where there is a personal budget, the details of how the personal budget will support particular outcomes, the provision it will be used for including any flexibility in its usage and the arrangements for any direct payments for education, health and social care. The special educational needs and outcomes that are to be met by any direct payment must be specified.
- Section K: The advice and information gathered during the EHC needs assessment must be attached (in appendices). There should be a list of this advice and information.
In addition, where the child or young person is in or beyond Year 9, the EHC plan must include (in sections F, G, H1 or H2 as appropriate) the provision required by the child or young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.
If there is a problem
If you are unhappy about the contents of an education, health and care (EHC) plan, you have a right to appeal this decision to the SEND Tribunal.
IPSEA have created useful guidance for appealing the contents of sections B, F and I of an EHC plan.
IPSEA appeals guidance →
If you are unhappy about the school, college or other setting named in an EHC plan, you have a right to appeal this decision to the SEND Tribunal.
IPSEA have created a detailed briefing about your rights and how to bring an appeal on this issue.
IPSEA briefing: Appealing against the school or other setting named in your EHC plan →
If provision in an EHC plan is not being delivered, you should take action. Who you should contact depends on which section of the EHC plan the provision is set out in.
IPSEA have created a detailed briefing about your rights and how to bring an appeal on this issue.
IPSEA advice: Enforcing special educational provision (Section F) →
IPSEA advice: Enforcing health care provision (Section G) →
IPSEA advice: Enforcing social care provision (Section H) →
Downloads
We have pulled together relevant downloads for this topic below:
LEAFLET: Education, Health and Care (EHC) Plan – What are they? Who needs one? What do they include?
[PDF, 8 pages]
Further help and support
You may also find the following websites useful:
Bromley Council – Education, health and care (EHC) plans →
Bromley Council – Reviewing the EHC plan →
Bromley Council – EHC plans – unhappy with a decision →
IPSEA – What an EHC plan contains →
