The EHC Plan Application Process

June 2, 2015

Education, Health and Care (EHC) plans are replacing statements of SEN, and although they should have the same ultimate aim, the process and the plan itself can be confusing. Every child is entitled to have access to suitable education, and while this is possible for the vast majority of children without the need for additional support, if your son or daughter has special educational needs, then these may not be met through mainstream schooling, without additional assistance being provided. An accurate and up-to-date EHC plan can help ensure that your child receives the support that they need.

The process of getting an EHC plan can seem complex.

• Following an initial application by you, a teacher, or another concerned professional that has regular contact with your child, your Local Education Authority (LA) will first need to determine whether they will conduct an initial assessment. You can Appeal against an LA’s refusal to conduct an initial assessment.
• If they do agree to conduct this assessment, it means that they will determine the needs of your child and whether these warrant an EHC plan being put in place. The LA may still decide that no plan is warranted at this stage of the process and you can appeal against an LA’s refusal to issue an EHC Plan.
• On the determination that a plan is needed, they will then consult with various parties, including you, as parent, in order to create a first draft of the plan.
• This draft will be sent to you and other parties, and you will be able to question its contents, and potentially name the school that you wish your child to attend. You can Appeal against the contents of an EHC Plan once it has been finalised by the LA.

Ideally, parents will be involved at every stage of the process, and will be asked to provide evidence to back their claims for educational support. To help ensure that you have gathered all of the necessary data, and that it has been put forward in the most effective and efficient manner, Tayntons specialist solicitors can help you to compile your application. What’s more, if your application is rejected at any stage, we can help lodge an appeal with the LA or with the body that oversees the decisions.

When the LA issues a draft of the plan, parents are asked to name the type of school that their child will attend and to name the specific school or institution that they would prefer them to attend.

The process can seem long and complicated, but it is important to ensure that you complete the application process fully and properly. Legal help from Tayntons Solicitors not only ensures that you meet any deadlines, but our team can also help you to compile the evidence that we believe is necessary to give you the best chance of a positive outcome.