Education, health and care plans (EHC Plans / EHCP's) can be long and complicated. They are required by law to contain certain sections, and it is important to ensure your EHC plan matches the legal requirements. If it doesn’t, it could make it difficult to enforce.
The EHC plan should be written in a way that makes it clear, to parents, young people, schools, colleges and local authorities, who is required to do what, when it has to happen and how often it should be reviewed.
An EHC plan does not have a fixed format – each local authority can develop its own ‘style’ – but legally they must contain a number of separate sections.
An EHC plan must have the following sections. It is worth noting that the only section appealable at the First Tier Tribunal (or SEND Tribunal) are sections B, F and I, however, as of 31st August 2021, the Tribunal can now recommend changes to sections C (health needs), D (social care needs), G (health provision), H1 and H2 (social care provision), but the appeal does have to have an educational element to it (B, F or I).
- Section A: the views, interests and aspirations of the child and his parents or the young person;
- Section B: the child or young person’s special educational needs (SEN);
- Section C: health care needs which relate to their SEN;
- Section D: social care needs which relate to their SEN or to a disability ;
- Section E: the outcomes sought for the child or young person;
- Section F: the special educational provision required to meet their SEN;
- Section G: any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN;
- Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN;
- Section I: the name of the school or other institution to be attended by the child or young person, and the type of that institution (or just the type if no specific institution is named);
- Section J: details of any direct payment which will be made;
- Section K: copies of all of the advice and information obtained as part of the EHC needs assessment.
Where the child or young person is in or beyond Year 9, the EHC plan must also include the provision required by the child or young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.