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Draft Education, Health & Care Plans (EHCPs)
Overview
You have been through the EHC needs Assessment and have just received your draft EHC plan – now what?
If the local authority (“LA”) agrees that an EHC plan is needed, it must send the draft EHC plan, including the reports mentioned in section K (containing the advice and information gathered during the EHC needs assessment) to the child’s parent or to the young person and give at least 15 days for you to give views and make comments (‘representations’) on the content.
During this period, the LA must make its officers available for a meeting with the child’s parent or the young person on request if they wish to discuss the content of the draft EHC plan. (see 9.77 of SEND CoP 2015).
In West Sussex the officers representing the LA for EHC plans are ‘SENAT’ (Special Educational Needs Assessment Team) and parent carers and young people will generally be liaising with an assigned SEND Officer. You can find out more about SENAT via their page on the Local Offer.
During this time, you also have the opportunity to give your preference for school / college setting and request for a personal budget if applicable. If SENAT do not hear from you within this time they will presume you are happy with the EHCP and will proceed tp issue the final.
Therefore, it is best to start looking at this straight away as you may need a few days to check it fully. Although there is no right or wrong way to check your draft, you may find the following information as well as the step by step Practical Guidance at the bottom of this page, helpful.
The EHCP Sections
You will see that the EHC plan is broken into 11 sections:
- A – Aspirations
- B – Special Educational Needs
- C – Health Care needs
- D – Social care Needs
- E – Outcomes
- F – Special Educational Provision
- G – Health Care provision
- H – Social Care provision (split into H1 & H2)
- I – Placement (name of educational setting)*
- J – Details of personal budget *
- K – List of reports and evidence
* These sections should be blank in the draft copy you receive.
You will notice that Section B is divided into 4 categories:
- Communication & Interaction
- Cognition & Learning
- Physical and/or Sensory
- Social, Emotional Mental Health
Sections E & F are also divided into these same categories, but you will see that E is closely followed by F within each.
For more information on the different sections of an EHCP and how needs, provision and outcomes should link together, see documents below
For information about Private Reports and when they are not listed in Section K – please see our factsheet below
What happens next
If you and the SEND Officer in SENAT have been liaising about the changes you have asked for, you should have a clear idea about what has and what hasn’t been accepted (and why) by the time you receive the Final EHC plan. However, if the final plan is issued and you are still not happy with the contents within sections B-D and F-H , or with the placement in section I, then you do have the right to appeal these at the First Tier Tribunal (SEND).
Please note:
- You are not able to appeal other sections (A,E,J,K).
- You can only appeal contents in the health & social care sections (C,D,G & H) if you are also appealing educational sections B&F and/or I. You cannot appeal health and social care sections on their own.
Local Information, Guidance and Policies
Practical Steps to …..
This page has information and practical step by step guidance on checking your Draft EHCP
Helpful documents and factsheets:
Detailed Information and Guidance
IPSEA guidance on what to do when you receive your child’s or young person’s draft EHC plan, including links to their EHCP checklist along with template letters to contact the LA about amendments and so on.
If you think you will struggle to do this on your own then please do contact us by email: send.ias@westsussex.gov.uk or call us on: 0330 222 8555 to discuss how we may be able to support you.
Further Information
The Draft EHCP in section F Provision may mention Ordinarily Available Inclusive Practice (OAIP). If you wish to find out more about this yourself, please have a look at this co-produced guide which highlights a range of support and expectations that schools / settings can ordinarily provide for a child or young person, without the need of additional support from an EHCP. Please see the Practical Steps Guidance for more information about this.
Frequently Asked Questions (FAQs)
For FAQs around draft EHC plans please see IPSEA’s FAQ pages on EHCNAs and EHCP