Education, Health and Care (EHC) Plan

When an EHC Plan may be needed

The support that educational settings offer means that most children who have SEND do not need an EHC Plan.

An EHC Plan may be needed if:

• a child’s needs cannot be met through the support they are currently getting in their educational setting
• the educational setting has done everything it can to support the child
• despite the support provided, the child is not making progress in their learning or development
• the progress the child is making is due to significant levels of support
• a child is not attending school due to SEN issues

An EHC Plan is only issued after an EHC needs assessment shows that there is a need.

What sections should an EHC plan have?

Under Regulation 12 of the Special Educational Needs and Disability Regulations 2014 (the “SEN Regs”), an EHC plan must have the following sections:

• Section A: the views, interests and aspirations of the child and his parents or the young person
• Section B: the child or young person’s special educational needs (“SEN”)
• Section C: health care needs which relate to their SEN
• Section D: social care needs which relate to their SEN or to a disability
• Section E: the outcomes sought for the child or young person
• Section F: the special educational provision required to meet their SEN
• Section G: any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN
• Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN
• Section I: the name of the school or other institution to be attended by the child or young person, and the type of that institution (or just the type if no specific institution is named)
• Section J: details of any direct payment which will be made
• Section K: copies of all of the advice and information obtained as part of the EHC needs assessment

SEN Reg 12(3), and paragraph 9.63 of the SEN and Disability Code of Practice (the “Code”), state that where the child or young person is in or beyond Year 9, the EHC plan must also include the provision required by the child or young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.

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