Education, Health and Care plans (EHC plan)

 

Do I need an EHC plan and how do I get one?

You, your parent or your college/school (with your permission) can apply for an EHC plan if you have special educational needs and it's felt you need more support than SEN Support can offer.

Not everyone with SEND needs an EHC plan.  Some children/ young people may be given SEN Support - this is support that schools/colleges can offer which helps identify what their needs are so that some special educational support can be put in place. 

If SEN Support is not meeting the child/young person's needs then it may be necessary to apply for an EHC (education, health and care) plan so that additional provision can be accessed above and beyond what is available through SEN Support. 

To see if you may need an EHC plan the local authority may decide to carry out an education, health and care needs assessment (EHCNA).  This is when all the professionals work together to find out more about your needs and then decide if you need an EHC plan.

 

What does the EHC plan do?

An EHC plan is a legal document which sets out:

Your needs — what you find hard at school or college in terms of education
Your support — what help you must get - this is known as provision.  This can include education, health and social care support.
Your goals — what you want to achieve.                                                                                                The name or type of educational setting that you attend.

 

Who is responsible for the provision in an EHC plan?

The local authority is responsible for making sure the educational support in the EHC plan is provided.

The local NHS (Integrated Care Board – ICB) is responsible for the health support in the EHC plan.

The local authority's social care team is responsible for social care support in the EHC plan.

 

What is an annual review?  

 If you have an EHC plan there is a meeting every year to check how things are going. This is part of the annual review.  You should be told in advance when this meeting will take place.

It’s a chance to talk about:

• What’s going well for you
• What’s been difficult
• If you’re getting the right help
• If anything needs to change

Before the meeting:

• You can say how you feel about school or college
• Your parents or carers can share their views
• Your teachers and helpers will also be able to share their views about how you’re doing

What happens in the meeting?

Everyone talks about:

• How you’ve been doing in school or college
• If your EHC plan is still right for you
• If you need any new support 
• What your plans are for the future

What happens after the meeting?

A report is written about what was said.  The local authority then looks at your EHC plan and decides if the plan should:

• Stay the same
• Be changed
• Stop/ end (only if you no longer need it)

 

You can watch this video from the CDC for more information on annual reviews:

 

What does ending an EHC plan mean?

When the local authority (LA) decide to end an EHC plan it’s called 'ceasing to maintain' the plan. This means it will officially end and the LA does not have to give you the support that was listed in it.

 

When can the local authority (LA) legally end an EHC plan?

The LA can choose to end (cease) the EHC plan by sending you a letter with a 'cease to maintain' decision.

Here are some of the most common reasons why the LA may end an EHC plan.  These reasons are set out in law:

• when the young person turns 25: however, the LA are able to extend this time period so that they cease the plan at the end of the academic year in which the young person turns 25.
• if the young person no longer requires the plan: If the person's needs change or they no longer require support beyond that available through SEN Support.
• if the young person moves into certain types of higher education or employment: For example, starting a higher education course or a job (excluding some apprenticeships).

 

Will I be told if the local authority are considering ending my plan?

Yes, the LA must tell you that they are thinking about ending the plan.  They must discuss this with you first. 

If the LA then decide to stop the plan they must let you know by sending you a letter with a 'cease to maintain' decision.   This formal letter states their decision to end the EHC plan. 

 

Where can I find the legal rules on ending an EHC plan?

The SEND Regulations 2014 is a legal document that explains how SEND law should be followed. It includes the rules that the LA must follow when ending an EHC plan.

You can read the exact wording via this link: The SEND Regulations 2014

 

What can I do if I disagree with my EHC plan being ended?

If you are unhappy with the LA's decision to end your plan then you may wish to consider appealing the decision.

The cease to maintain letter from the LA must include information on your right of appeal and the time limits in place.

If you do not appeal, the EHC plan will remain in place for two months from the date on the decision letter.  Two months marks the end of the time limit in which an appeal can be made and after this, the EHC plan will end.

If you do appeal, the EHC plan will remain in place and the provision as set out in the plan must continue until the appeal is decided by the SENDIST Tribunal.

 

Can my parent /carer or a trusted adult help me?

Yes, throughout the whole process you can be supported by a parent, carer or another trusted adult if you need and would like help.

You can also contact Havering SENDIASS  if you would like to speak with us or if you prefer, you can email questions to us.

Email:  [email protected]

Serviceline : 01708 433 885 (please leave a voicemail if your call is not answered)

 

How can I appeal the decision to stop my EHC plan?

For this type of appeal you must contact Kids Mediation - this an independent service that Havering use for mediation discussions. Contact with Kids Mediation must take place within 2 months of the decision letter from the local authority.

You must consider mediation by speaking with Kids Mediation and you can then decide if you want to take part in mediation.  In all cases a mediation certificate is needed so that the appeal can be registered.

 

Here are the contact details for the KIDS Mediation Service and a link to their website.

Website - Kids Mediation home page

Phone Number - 020 7359 3635

Kids Mediation will organise a phone call with you so that they can explain what mediation is and you can then decide if you would like to take part in mediation.

If you decide not to have mediation or if mediation is unsuccessful then Kids Mediation will send you with a mediation certificate within 3 working days. 

If the local authority do not offer dates for mediation within 30 days of the request from Kids Mediation you will be sent a 'deemed' mediation certificate, which will allow you to begin the appeal process.