Finalising the EHC Plan
Email this pageYou should receive a final EHC plan within a maximum of 20 weeks of the initial request.
If you disagree with the description of SEN (section B), the provision (section F), or the school or type of school named, you have the right to Mediation and/or Appealing to the SEND Tribunal
Where an Educational Psychologist or other specialist recommends provision in their report, this could be put in place now ahead of the EHC plan being finalised. There may, however, be instances where a school will need to discuss help from the local authority to be able to meet the needs.
Once finalised
The headteacher, or principal, of the educational setting named in the EHC plan should ensure that:
- those teaching or working with your child or young person are aware of their needs, and have arrangements in place to meet them;
- interim targets are linked to the outcomes in the EHC plan;
- progress is monitored and reviewed during the course of the year.
Reviewing the EHC Plan
The local authority must review the EHC plan at least once every 12 months. This must be done in partnership with you and your child or the young person, and must take account of your views, wishes and feelings.
The local authority must decide whether to keep the plan as it is, make changes, or cease to maintain it within four weeks of the review meeting. You have a right of appeal if the local authority proposes to cease the EHC plan.
For some young people an EHC plan will continue until they are 25. However the plan will stop if the young person:
- goes to university
- gets a job
- tells their local authority they no longer want their EHC plan, or
- no longer needs the provision identified in the plan and the local authority decides that the EHC plan should cease.
You can find out more about reviews of EHC plans in our Annual Review section.
What can I do if the timescales are not met by the local authority?
There are legal timescales that local authorities are expected to comply with, however, our advice is to keep dialogue open with the local authority.
If you are unhappy a timescale has not been met you could complain to the local authority. IPSEA have provided a Model Letter you can use to write to the local authority. If you are unsatisfied with their response, you can write to the Local Government Ombudsman.
What if the provision in a plan is not being made?
The SEND Code of Practice says:
When an EHC plan is maintained for a child or young person the local authority must secure the special educational provision specified in the plan (9.131)
The local authority has a duty to secure the special educational provision in section F of an EHC plan. Section 42 of the Children & Families Act 2014 contains the legal duty.
The Clinical Commissioning Group (or other health commissioners) are responsible for arranging any health care provision specified in section G of the plan.
If the EHC plan specifies social care provision in section H1 for a child under 18, the local authority will have a legal duty to make that social care provision under that Act (but not any other social care provision in section H2).
For a young person over 18, the care element of the plan may be provided by adult services under the Care Act 20
What can I do if the provision is not being implemented?
An EHCP is a legal document and therefore schools are required to deliver the provision set out in Sections F of the EHCP. However, if school feels it does not have the necessary resources to carry out this duty it should raise this with the Local Authority who has overall responsibility for the EHCP.
In law, the LA must “secure the special educational provision” specified in Section F of an EHC plan. This can never be delegated to a school/college if they do not have the resources – money or expertise – to do this.
You can raise your concerns if you discover that your child/young person is not getting the special educational provision specified in Section F of the EHC plan or that the provision is being removed or reduced without the EHC plan being amended.
In the first instance, contact the school or college and speak to your child’s teacher head teacher and SEN Co-ordinator or SEN learning team at the college about your worries. Our raising concerns information takes you through the various steps you can take if you are not happy with the support your child is getting, including complaining to school or the local authority.
Following discussions, it may be decided that an Early Review of the EHCP needs to be held, school may wish to invite a Local Authority professional from the Essex SEND Operations Team,
IPSEA have some useful guidance including an example letter, if you have been unable to resolve by contacting school/the local authority.
What you Can Do if you Disagree Flow Chart
Special Needs Jungle flowchart explaining what you can do if you disagree with the plan, or with a decision taken by the local authority.
Drafting and Finalising an EHC Plan Video
This video is from Suffolk SENDIASS and explains how an Education, Health and Care (EHC) plan is drafted and finalised at the end of an EHC needs assessment.
A good Example of an EHC plan
from the Council for Disabled Children
Also in this section:
Education, Health and Care Plans (EHC Plans)
An Education, Health and Care plan (EHC plan) describes your child’s special educational needs (SEN) and the help they will get to meet them.
Draft EHC plans & Proposed Plan Meetings
Guidance on how to check through your draft EHC plan and how to plan and prepare for a Proposed Plan meeting
Choosing a school with an EHC plan
Guidance on choosing and naming a school on an EHC plan
Placement Consultation Process
Frequently asked questions during the consultation process
Mediation
Mediation is a way to try to settle a dispute and involves meeting with different parties to try to reach an agreement.
EOTIS (Education Other than in School/College)
If the local authority (LA) deems school or college to be inappropriate for your child or young person, the LA can arrange for your child’s special educational provision to be delivered somewhere other than in a school, college or early years setting. The LA would then be responsible for continuing to secure and fund that provision.
Changing a school placement with an EHC plan
The EHCP is unlikely to remain the same and may become out of date or the child/young person may move to a different school or college.
Moving to a new Local Authority with an EHC Plan
If you are moving to a new Local Authority area, the EHC plan will need to transfer to the new local authority.