Go through each K document and in one colour highlight all the special educational needs.

 

A diagnosis, such as ADHD is not in itself a need - and a diagnosis is not necessary for an EHCP, but there may be needs a child or young person has associated with that diagnosis and it’s that need that will be in Section B. For example:

 

Pupil X finds it hard to stay focused in a noisy, busy classroom, and is easily distracted

 

Go through each K document and in another colour highlight all the special educational provision.

 

An example of a provision:

Pupil X will have a separate desk with a screen to minimise the classroom distraction.

 

Needs and provision are normally clearly set out in the Educational Psychologist’s assessment report and may be in other reports as well. You may also find needs and provisions in other sections of the reports under different headings and if they are important and need provision you can ask for them to be included.

 

Once all the needs and provisions have been highlighted in the K documents, it is then important that Section B, the special educational needs, and Section F, the special educational provision, are checked thoroughly to ensure all the needs and provision identified in the K docs have made their way into the plan. 

 

Health (Section C) and social care needs (Section D) which relate to a child/young person’s SEN within an EHCP refer to the difficulties a child or young person experiences that relate specifically to their medical, emotional, or social functioning, and which impact their ability to access learning. These needs—alongside any required support—should be clearly identified in the professional reports that inform the plan. Provisions to meet these needs are recorded in the relevant sections of the EHCP, and it is important to check Sections G and H1 and H2 to ensure that any health or social care provision that is actually educational or training-related is moved into Section F, where it becomes legally enforceable.

 

Provision detailed in an EHCP must be specific and usually quantified 

  • Type of support
  • Amount of time
  • How often
  • Delivered with what level of expertise/by who
  • How many children in a small group

Remember ....

Section B (needs) + Section F (provision) = Section I (placement)

 

You can read the full details of what must be included in each section in the SEND Code of Practice sections 9.62 to 9.69. There is a useful checklist provided by IPSEA EHC PLAN CHECKLIST (ipsea.org.uk) 

 

When the draft EHCP is received, the LA must give parent/carers or young people at least 15 days to:

 

1. Make comments about the draft EHC plan and request changes if there is evidence to support the requests

2. Request a meeting with the LA to discuss the draft

3. Request an educational setting is named in the EHCP

 

It is important that the EHCP is correct and describes the child/young person clearly.

 

 

In a draft EHCP, Section I is blank so that parent/carers or young people can request the placement they would like the LA to name.

 

The EHCP must reflect the child/young person’s needs and the provision to meet those needs, rather than the resources which can be offered in a particular placement.

 

Parent/carers and young people can ask the local authority to name one of the following:

•maintained nursery school

•maintained school and any form of academy or free school (mainstream or special)

•non maintained special school

•Further education or sixth form college

•Independent special schools or independent specialist colleges (if they are section 41 approved)

 

The LA must name the school/institution (if it is in the list of schools that can be requested) unless:

 

•        The setting is unsuitable for the age, ability, aptitude or special educational needs (SEN) of the child or young person

•        The attendance of the child or young person would be incompatible with the provision of efficient education for others

•        The attendance of the child or young person would be incompatible with the efficient use of resources

 

These are set out in section 39(4) CFA 2014. The LA has to prove that at least one of these conditions applies if they are not going to name the parent or young person’s preference. The LA must also consider Section 9 of The Education Act 1996, which states that “local authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.”

 

The burden of proof is on the LA to establish which of these are applicable.

Once the draft plan is sent back to the LA with the changes/placement requested they will then finalise the plan and send it back to the parent/carer or young person.

There is no set deadline for a local authority to send out the draft plan, however it must send the final EHC plan within 20 weeks from receiving the request for an EHC needs assessment.

 

If the parent/carer or young person is unhappy with the final EHCP they will then have a right to appeal against it.  Find more information in our appealing an EHCP section.