EHC Plan

Under section 37 of the Children and Families Act 2014, once an EHC needs assessment shows that special educational provision is necessary, 'the local authority must secure that an EHC plan is prepared for the child or young person' and, once made, 'must maintain the plan.' The plan itself has to specify the child's or young person's special educational needs, the outcomes sought for them, the special educational provision required, any health care provision reasonably required by the learning difficulties or disabilities that give rise to the SEN, and any social care provision reasonably required — with additional social care duties for under-18s arising under the Chronically Sick and Disabled Persons Act 1970 also folded into the plan. The process starts with a request for an EHC needs assessment, which can come from a parent, the young person themselves (if aged 16–25), or any other concerned party such as a teacher or doctor; gov.uk guidance confirms the local authority 'will tell you within 16 weeks whether an EHC plan is going to be made for your child.'

Once an assessment leads to a plan, statutory timescales continue to apply: the local authority sends a draft plan and the family has 'at least 15 days to comment,' and the whole process — from the original request for assessment to the final plan — is subject to an overall deadline, since 'your local authority has 20 weeks from the date they receive the request for the assessment to give you the final EHC plan.' Parents and young people who disagree with a decision not to assess, not to issue a plan, the content of the provision specified, or the school named in the plan can appeal to the First-tier Tribunal (Special Educational Needs and Disability). A family may also be offered a personal budget once a plan is in place, giving them a say in how funding for their child's support is spent, whether through direct payments, an arrangement held by the local authority or school, or a third-party arrangement.