Special educational needs

What Are Education, Health and Care Plans (EHCPs)?

Education, Health and Care Plans (EHCPs) are legally binding documents designed to ensure children and young adults with special educational needs (SEN) receive the support they require.

An EHCP outlines not only a child’s educational needs but also their health and social care needs, bringing these elements together into a single, enforceable plan.

Who needs an EHCP?

Children or young people with complex educational needs that cannot be met through the standard support provided by their school or college may need an EHCP. This could include:

Individuals with physical disabilities.
Children with cognitive, emotional, or developmental challenges.
Those whose needs arise from a long-term injury or medical condition.

An EHCP ensures that tailored support is in place to help these individuals succeed in their education and beyond.

What does an EHCP include?

An EHCP provides a detailed description of the child or young person’s needs and the specific support they require. This may include:

Educational needs: A clear outline of learning difficulties or challenges, and the educational goals they are working towards.
Health needs: Any medical conditions or treatments that affect their learning or daily life, such as therapy or specialised care.
Social care needs: Support for independent living skills, respite care, or other services that help the individual and their family.

The plan should also specify:

Who will deliver the required support (e.g., teachers, therapists, specialists).
How often and for how long this support will be provided.
Measurable outcomes to ensure progress is monitored effectively.

How Is an EHCP obtained?

Parents, guardians, or young people themselves can request an EHCP assessment from their local authority. The process typically involves:

Assessment: The local authority gathers information from educational, health, and care professionals to determine the child’s needs.
Drafting the plan: If the assessment concludes that an EHCP is necessary, the local authority will create a draft plan for review.
Finalising the plan: After feedback from the parents or young person, the EHCP is finalised and implemented.

The legal importance of EHCPs

An EHCP is not just a plan—it is a legally enforceable document. This means:

Local authorities and schools are legally required to deliver the support outlined in the plan.
Parents or guardians can challenge inadequate EHCPs or failures to implement them through legal avenues.

Who Is eligible for an EHCP assessment?

A request for an EHCP assessment can be made at any point up until the child or young person’s 25th birthday. This ensures that support is available through key educational transitions, including:

Moving from primary to secondary school.
Transitioning to further education or vocational training.

If a local authority refuses to assess or issue an EHCP, families have the right to appeal through the Special Educational Needs and Disability Tribunal (SENDIST).

Why are EHCPs crucial?

For families navigating SEN, EHCPs provide a roadmap for securing the right support. They ensure children and young adults can access education tailored to their unique needs, helping them to thrive academically, socially, and emotionally.

At Anthony Gold Solicitors, we understand the importance of getting EHCPs right. Whether you’re seeking guidance on applying for an EHCP, need support with the assessment process, or want to challenge an inadequate plan, our experienced team is here to help.

Challenges families face with special educational needs

Families of children and young adults with special educational needs (SEN) often encounter significant hurdles when trying to secure the support they are entitled to. These challenges can be frustrating and exhausting, particularly when the system feels unresponsive or overly complex.

Understanding these common difficulties can help you identify when legal advice might be necessary. Here are the common obstacles in the SEN Process:

Refusal to assess needs

Local authorities may decline to assess a child or young person for an Education, Health and Care Plan (EHCP), claiming their needs can be met through standard school support. This can leave families struggling to access the resources their child requires.

Delays in issuing EHCPs

Even after agreeing to assess, local authorities often delay issuing EHCPs. The legal timeframe for this process is 20 weeks, but families frequently experience longer waits, leaving children without vital support during crucial stages of their education.

Inadequate EHCP content

EHCPs must clearly define the child or young person’s needs and outline precise support. However, many plans lack specificity, such as vague descriptions of therapies or insufficient detail on who will provide the services and how often.

Disputes over educational placements

Finding the right school or educational placement is critical for SEN children. Families often face resistance from local authorities when requesting specialised placements, with disagreements over funding or suitability being common issues.

Transport issues

For children who cannot travel independently, securing suitable school transport can be a significant challenge. Local authorities sometimes fail to provide appropriate transport options, making education inaccessible for those who need it most.

Social care needs overlooked

EHCPs should address not just educational needs but also health and social care needs. Many families struggle to get social care properly assessed and included, leaving gaps in vital services such as respite care, personal assistance, or support for daily living.

Without proper support, children and young adults with SEN may face:

Disruption in their education.
Barriers to achieving their potential.
Increased strain on their families, both emotionally and financially.

Words from our clients

The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.

Patrick Folkes

Anthony Gold Solicitor’s legal team are excellent. They are very professional, hard working, attention to details, very organised, well prepared for the case. They are also very courteous and try to help us achieve our objectives.

Kui Tham

The court of Protection team went above and beyond. My wife and I were delighted with their conscientious work ethic and their availability at all times. Not to mention their professional and knowledgeable attitude. We are eternally grateful to the entire team.

Mark Dodson

How Anthony Gold Solicitors can help with special educational needs

At Anthony Gold Solicitors, we understand the complexities of navigating the special educational needs (SEN) system. Our dedicated team is here to provide expert legal support at every stage, ensuring your child or young person receives the tailored help they need to thrive.

Whether you’re applying for an Education, Health and Care Plan (EHCP) or challenging local authority decisions, we can help you achieve the best possible outcome.

Drafting & reviewing EHCPs

We ensure that EHCPs are detailed, accurate, and enforceable. Our team works to include specific provisions for education, health, and social care, clearly outlining the support your child needs.

Challenging local authority decisions

If your local authority refuses to assess your child, declines to issue an EHCP, or delivers an inadequate plan, we can help challenge these decisions. Our team has extensive experience representing families at the Special Educational Needs and Disability Tribunal (SENDIST).

Securing appropriate educational placements

We assist in obtaining funding and placement at schools or colleges that can fully meet your child’s SEN requirements. Whether it’s a mainstream school, a special school, or a specialist college, we ensure the placement is suitable and legally supported.

Resolving school transport issues

For children who qualify, we help secure suitable transport to ensure they can attend school without unnecessary barriers.

Addressing social care needs

Social care is a vital component of an EHCP. We work to ensure that all care needs are properly assessed and included, such as:

Respite care for families.
Assistance with daily living skills.
Tailored care packages for children and young adults.

Supporting through educational transitions

We provide guidance during key transitions, such as moving from primary to secondary school or entering further education, ensuring that your child’s needs continue to be met seamlessly.

Why our approach stands out

Our expertise extends beyond education law. By combining knowledge from areas like the Court of Protection, family law, and personal injury claims, we offer a unique perspective to SEN cases, particularly for children and young adults whose needs arise from injuries or disabilities. This multi-disciplinary approach enables us to provide comprehensive and practical solutions for families.

We believe in collaboration. Our team works closely with families to: