EHC Plans & Annual Reviews

EHCP Sections

What they mean

What the CFA 2014, SEN Regs 2014 and SEND Code of Practice 2015 says

SECTION A:

The views, interests and aspirations of the child and their parents, or of the young person

Reg 12 requires the LA sets out the views, interests and aspirations of the child and his parents or the young person. This could include:

• Details about the child or young person’s aspirations and goals for the future (but not details of outcomes to be achieved – see paragraphs 9.64 – 9.69 of the Code for more on outcomes for guidance). When agreeing the aspirations, consideration should be given to the child or the young person’s aspirations for:

o          paid employment;

o          independent living; and

o          community participation.

• Details about play, health, schooling, independence, friendships, further education and future plans including employment (where practical).

• A summary of how to communicate with the child or young person and engage them in decision-making.

• The child or young person’s history.

If written in first person, the plan should make clear whether the child or young person is being quoted directly, or if the views of the parents or professionals are being represented.

SECTION B:

The child or young person’s special educational needs

All of the child or young person’s identified special educational needs (“SEN”) must be specified (section 37 of the Act).

SEN may include needs for health and social care provision that are treated as special educational provision because they educate or train a child or young person (see section 21(5) of the Act and paragraphs 9.73 of the SEN Code onwards).

SECTION C:

The child or young person’s health care needs which relate to their SEN

Reg 12 requires that the EHC plan must specify any health needs which relate to the child or young person’s SEN. Some health care needs, such as routine dental health needs, are unlikely to be related (paragraph 9.69 of the Code).

The Integrated Care Board (ICB) (previously the Clinical Commissioning Group (“CCG”) until July 2022) may also choose to specify other health care needs which are not related to the child or young person’s SEN (for example, a long-term condition which might need management in a special educational setting).

SECTION D:

The child or young person’s social care needs which relate to their SEN or to a disability

Reg 12 requires that the EHC plan must specify any social care needs which relate to the child or young person’s SEN.

The Code states any social care needs which require provision for a child or young person under 18 under section 2 of the Chronically Sick and Disabled Persons Act 1970 must be specified. This reflects the fact that the Act requires this provision to be specified in an EHC plan (see section H below)

The local authority may also choose to specify other social care needs which are not linked to the child or young person’s SEN or to a disability. This could include reference to any child in need or child protection plan which a child may have relating to other family issues such as neglect.

Such an approach could help the child and their parents manage the different plans and bring greater co-ordination of services. Inclusion of this information must only be with the consent of the child and their parents.

SECTION E:

The outcomes sought for the child or young person (including outcomes for life)

Section 37 of the Act and Reg 12 require that the EHC plan must specify the outcomes sought for the child or young person.

The Code states there should be a range of outcomes over varying timescales, covering education, health and care as appropriate but recognising that it is the education and training outcomes only that will help determine when a plan

is ceased for young people over 18². Therefore, for young people aged over 17, the EHC plan should identify clearly which outcomes are education and training outcomes. See para 9.64 of the Code for more detail on outcomes.

At para 9.66 the Code says an outcome can be defined as the benefit or difference made to an individual as a result of an intervention.

There must be a clear distinction between outcomes and provision. The provision should help the child or young person achieve an outcome; it is not an outcome in itself.

Outcomes should be specific, measurable, achievable, realistic and time bound (SMART). See para 9.66 of the Code.

The section can include:

·         Steps towards meeting the outcomes.

·         The arrangements for monitoring progress towards these outcomes, including review and transition arrangements for the EHC plan and the arrangements for setting and monitoring shorter term targets by the early years provider, school, college or other education or training provider.

·         Forward plans for key changes in a child or young person’s life, such as changing schools or moving on to adult care and/or from paediatric services to adult health or moving from further education to adulthood.

·         For children and young people preparing for the transition to adulthood, the outcomes should include those that will prepare them well for adulthood and which are clearly linked to the achievement of the aspirations in section A.

SECTION F:

The special educational provision required by the child or young person

Section 37 of the Act requires the LA to specify the special educational provision required. Reg 12 requires that this is set out in section F of an EHC plan.

Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where the support is secured through a Personal Budget.

Provision must be specified for each and every need specified in Section B. It should be clear how the provision will support the outcomes.

Where health or social care provision educates or trains a child or young person, it must appear in this section (see section 21(5) of the Act and para 9.73 of the Code).

There should be clarity as to how advice and information gathered as part of the EHC needs assessment has informed the provision specified. Where the local authority has departed from that advice, they should say so and give reasons for it.

In some cases, flexibility will be required to meet the changing needs of the child or young person including flexibility in the use of a Personal Budget.

The plan should also specify:

·         any appropriate facilities and equipment, staffing arrangements and curriculum;

·         any appropriate modifications to the application of the National Curriculum, where relevant;

·         any appropriate exclusions from the application of the National Curriculum or the course being studied in a post-16 setting, in detail, and the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum;

·         where residential accommodation is appropriate, that fact;

·         where there is a Personal Budget, the outcomes to which it is intended to contribute (detail of the arrangements for a Personal Budget, including any direct payment must be included in the plan and these should be set out in section J).

SECTION G:

Any health provision reasonably required by the learning difficulties or disabilities which result in the child/ YP having SEN

Section 37 of the Act requires the specification of health care provision.

Provision must be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it.

It should be clear how the provision will support achievement of the outcomes, including the health needs to be met and the outcomes to be achieved through provision secured through a personal (health) budget.

It should be clear how advice and information gathered has informed the provision specified.

Health care provision reasonably required may include specialist support and therapies, such as medical treatments and delivery of medications, occupational therapy and physiotherapy, a range of nursing support, specialist equipment, wheelchairs and continence supplies. It could include highly specialist services needed by only a small number of children that are commissioned centrally by NHS England (for example, therapeutic provision for young offenders in the secure estate).

The LA and ICB may also choose to specify other health care provision reasonably required by the child or young person, which is not linked to their learning difficulties or disabilities, but which should sensibly be co-ordinated with other services in the plan.

See section 42 of the Act and paragraph 9.141 of the Code for details of duties on the health service to maintain the health care provision in the EHC plan.

SECTION H1:

Any social care provision which must be made for a child/ YP under 18 resulting from s.2 Chronically Sick & Disabled Persons Act 1970 (CSDPA)

Section 37 of the Act requires the specification of social care provision.

Provision should be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it (including where this is to be secured through a social care direct payment).

It should be clear how the provision will support achievement of the outcomes, including any provision secured through a Personal Budget. There should be clarity as to how the advice and information gathered has informed the provision specified.

Section H1 of the EHC plan must specify all services assessed as being needed for a disabled child or young person under 18, under section 2 of the Chronically Sick and Disabled Persons Act 1970 (“CSDPA”). These services include:

·         practical assistance in the home

·         provision or assistance in obtaining recreational and educational facilities at home and outside the home

·         assistance in travelling to facilities

·         adaptations to the home

·         facilitating the taking of holidays

·         provision of meals at home or elsewhere provision or assistance in obtaining a telephone and any special equipment necessary

·         non-residential short breaks (included in Section H1 on the basis that the child as well as his or her parent will benefit from the short break)

This may include services to be provided for parent carers of disabled children, including following an assessment of needs under section 17ZD-17ZF of the Children Act 1989.

See paragraph 9.137 of the SEN Code onwards for details of the duties on LAs to maintain the social care provision in the EHC plan.

SECTION H2:

Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child/young person having SEN

Social care provision reasonably required may include provision identified through:

•         early help; and

•         children in need assessments; and

•         safeguarding assessments for children.

Section H2 must only include services which are not provided under Section 2 of the CSDPA. For children and young people under 18 this includes residential short breaks and services provided to children arising from their SEN but unrelated to a disability. This should include any provision secured through a social care direct payment. See chapter 10 of the Code for more information on children’s social care assessments.

Social care provision reasonably required will include any adult social care provision to meet eligible needs for young people over 18 (set out in an adult care and support plan) under the Care Act 2014. See Chapter 8 for further information about adult care and EHC plans.

The local authority may also choose to specify in section H2 other social care provision reasonably required by the child or young person, which is not linked to their learning difficulty or disabilities. This will enable the local authority to include in the EHC plan social care provision such as:

•         child in need; or

•         child protection plans; or

•         provision meeting eligible needs set out in an adult care plan,

where it is unrelated to the SEN but appropriate to include in the EHC plan.

See paragraph 9.137 onwards of the SEN Code for details of duties on local authorities to maintain the social care provision in the EHC plan.

SECTION I:

Placement

Reg 12 requires this section to include 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 (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).

These details must be included only in the final plan, not the draft plan sent to the child’s parents or to the young person.

See paragraph 9.78 of the SEN Code onwards for more details.

SECTION J:

Direct payments

The special educational needs and outcomes that are to be met by any direct payments (instead of the LA putting the provision in place) must be specified (Reg 12).

SECTION K:

Advice & information

The advice and information gathered during the EHC needs assessment must be set out in the appendices to the EHC plan (Reg 12). There should be a list of this advice and information.