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EHCP Frequently Asked Questions

Please click on the questions below to find the answers to the most frequently asked questions about Education, Health and Care Plans.

My child hasn’t started pre-school or school yet – can they have an Education, Health and Care Assessment (EHCA) and Education, Health and Care Plan (EHCP)?

Yes - We are introducing a new process to allow us to provide support (and where relevant an EHCA and EHCP) at an early age so that the right support can be planned for when they start school – or put in place earlier if needed.

Does the EHCP have the same legal status as a Statement of Special Educational Needs?

Yes and it goes further - Unlike the Statement of Special Educational Needs the EHCP can apply to children under 5 and to young people and young adults over 16 for as long as they are in education or training, up to the age of 25.

My child already has a statement of Special Educational Needs. What will happen to that?

All existing statements will be ‘converted’ into EHCPs by no later than April 2018 and this will be linked to what would have been the annual review of their statement. This will start from October 2014 and we will prioritise work with children in years 2, 6 and 9 and with young people in year 11.

How will I be involved in the EHC assessment process?

Your assessment co-ordinator will meet with you to talk about how you and your child want to be involved in the process.  You will be involved in at least two meetings during the process; we will ask you to provide a simple set of information in a ‘One and Only’ pack (the one and only time we’ll ask for this information).

What happens if I need further information or disagree with the decisions made about my child’s Education, Health and Care needs?

You will be kept informed of all decisions made throughout the assessment process and you will be given the name of your Assessment Co-coordinator should you need more information during the assessment process.

You may not always agree with a decision the council, your child’s early years setting, school or college has made about your child’s support. You should first raise this with them and try to reach agreement. If you can’t reach agreement, they can advise you on their procedures for making complaints. You could also approach the local Information, Advice and Support on 0300 303 2677 service for help.

A disagreement resolution and mediation service are also available. These services are independent of the council and can provide you with a quick and informal way of resolving disagreements.

Appealing to the Special Educational Needs and Disability (SEND) Tribunal

Before you can appeal to the SEND Tribunal, you must have contacted a mediation adviser (unless your appeal is only about the school the council has named in your child’s plan or if the council has not named a school in it).  

You will need a certificate from the mediation adviser to register an appeal with the SEND Tribunal. You have one month from receiving the certificate or two months from the original decision (whichever is the later date) to register an appeal with the Tribunal.

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