If a young person suffers an acquired brain injury, can they access an EHCP?

July 12, 2022

It may be necessary for an EHC Plan to be issued where a child or young person has an acquired brain injury but it will depend on whether they have Special Educational Needs which require the local authority to deliver Special Educational Provision.

It is, therefore, necessary to consider what is a Special Educational Need and what constitutes Special Educational Provision.

The Children and Families Act (CFA) 2014 states that a child or young person has Special Educational Needs if they have a learning difficulty or disability, which calls for Special Educational Provision to be made for them.

The CFA specifies:-

A child of compulsory school age or a young person has a learning difficulty or disability if, he or she –

1. has a significantly greater difficulty in learning than the majority of others of the same age, or
2. has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided  for others of the same age in mainstream schools or mainstream post – 16 institutions.

A child under compulsory school age has a learning difficulty or disability if he or she is likely to fall within the above definition when of compulsory school age (or would be likely, if no Special Educational Provision were made).

The CFA also defines Special Educational Provision, for a child aged two or more or a young person, as being educational or training provision that is additional to, or different from, that made generally for others of the same age in –

1. mainstream schools in England,
2. maintained nursery schools in England,
3. mainstream post – 16 institutions in England, or
4. places in England at which relevant early years education is provided.

Special educational provision for a child aged under two means educational provision of any kind.

If a young person suffers an acquired brain injury and they are assessed as having Special Educational Needs which require Special Educational Provision they should be eligible for an EHC Plan.

Contact us

At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs.  Our team represents parents of children with a range of SEN.

If you would like to speak to our expert SEN law solicitor, Imelda Brennan, call us on 0800 158 4147, email us at info@tayntons.co.uk  or request a call back and a member of our team will be in touch promptly.