Education Health Care Plan health check review

Education health care plan health check review request form

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Your chosen EHCP review package?

Your chosen EHCP review package?EHC plan evidence review and advice meeting - £1000EHC plan and evidence review - £700EHC plan health check and advice meeting - £600EHC plan health check - £400

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What is an EHC plan?

An EHC plan specifies a person’s:

1. Special educational needs (SEN)
2. Outcomes, that are sought for him or her
3. Special educational provision
4. Health care provision as is reasonably required by the learning difficulties and disabilities which result in him or her having SEN
5. Social care provision made under section 2 of the Chronically Sick and Disabled Persons Act 1970 (if under the age of 18); and
6. Social care provision as is reasonably required by the learning difficulties and disabilities which result in the person having special educational needs (to the extent that provision is not specified in 5. above)

The SEND Code of Practice and regulation 12 of the Special Educational Needs and Disability Regulations 2014 (SEND Regulations) both state that an EHC plan should have separate sections identified as follows:

1. the views, interests and aspirations of the child and his parents or the young person (section A)
2. the child or young person's special educational needs (section B)
3. the child or young person's health care needs which relate to their special educational needs (section C)
4. the child or young person's social care needs which relate to their special educational needs or to a disability (section D)
5. the outcomes sought for him or her (section E)
6. the special educational provision required by the child or young person (section F)
7. any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs (section G)
8. any social care provision which must be made for the child or young person as a result of section 2 of the Chronically Sick and Disabled Persons Act 1970 (section H1)
9. any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs (section H2)
10. the name 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 I)
11. where any special educational provision is to be secured by a direct payment, the special educational needs and outcomes to be met by the direct payment (section J); and
12. the advice and information obtained in accordance with regulation 6(1) of the SEND Regulations for the statutory assessment of the child or young person must be set out in appendices to the EHC plan (section K)

Sections B, F and I of an EHC plan

As above, a child or young person’s special educational needs are recorded in Section B of an EHC plan, whereas the special educational provision required to meet those needs should be stated in Section F.  The School or other educational institution deemed appropriate for the child or young person to attend is named in Section I.

Sections B and F replace parts 2 and 3 of SEN Statements. The courts likened part 2 to a medical diagnosis and part 3 to a prescription. The same analysis and description applies to Section B and Section F.  Local authorities are under a duty to identify or diagnose need before going on to prescribe the education provision to which that need gives rise.  Only once need and provision have been established, can the educational institution or type of institution which is appropriate to provide the provision be named.

Educational and non-educational provision

Section 21 of the Children and Families Act 2014 states that “Health care provision or social care provision which educates or trains a child or young person is to be treated as special education provision (instead of health care provision or social care provision).”

The SENDIST Upper Tribunal has made clear that if provision “educates or trains”, it is educational even if it is also health or social care. 

The health or social care provision must “educate or train”, it is not enough for the particular provision to be essential to enable the child to be educated for it to be placed in Section F.

If you require assistance with an EHC plan , please contact Thomas Emmett, Head of Education, on 01245 453847 or email thomas.emmett@birkettlong.co.uk.