Navigating Your Child's EHCP: A Guide to Advocacy
!! Before reading, read my school funding (quick guide) here !!
Feeling overwhelmed by your child's Education, Health and Care Plan (EHCP)? You are not alone. Understanding this document and advocating for your child's specific needs can seem daunting. This guide breaks down the EHCP's key sections into bite-sized pieces, empowering you to navigate the process with confidence.
Why the EHCP Matters
The EHCP is a legally binding document that outlines your child's unique educational needs and the support they require to thrive. Think of it as a roadmap that ensures your child receives the tools and resources they deserve to reach their full potential.
While Local Authorities have some scope for formatting, the Special Educational Needs and Disability Regulations 2014 (Section 12) mandate that an EHCP must include sections A-K.
The EHCP Structure
A: Your child's voice: their views, dreams, and aspirations.
B: Their specific special educational needs (SEN).
C & D: Healthcare and social care needs related to their SEN.
E: Defined goals for progress and independence.
F: The heart of support: the specific educational provisions required.
G & H: Healthcare and social care provisions.
I: The educational setting.
J: Personal budgets and direct payments.
K: The advice and information used to create the plan.
While every section is important, I draw your attention to two priorities:
Section B: This must accurately list all of your child's special educational needs.
Section F: This must list all the provisions required to meet those needs. In a nutshell: what is written in Section F must happen.
Crafting a Rock-Solid Section F
Frustrated that your child isn't receiving the support they need? Vague phrases like "would benefit from" in Section F render provisions unenforceable. Avoid the "ambiguity trap" by being precise.
Be Specific, Not Wishful
Replace "would benefit from" with concrete actions. Specify speech therapy, occupational therapy, 1-to-1 support, sensory integration, or travel training.
Don't settle for minimum hours. State the exact frequency and duration. For example: "4 hours daily 1-to-1 support, consisting of 2 hours in the morning and 2 hours in the afternoon."
Avoid generic labels like "higher-level TA." Demand qualified personnel with the specific expertise your child needs, such as a therapist with sensory integration training.
Define the Location
Specify where the support will take place: in class, during individual sessions, or a combination. This ensures clarity and accountability.
3. Make it Time-Bound
Ensure the support has clear expectations for progress, and outline how that progress will be measured.
Top Tip...While being precise, try to retain some flexibility or contingency planning. If your child is partially home-educated, check that the EHCP supports this provision.
Direct Payments and Personal Budgets
If the Local Authority cannot provide the specific support outlined in Section F, you may be eligible for a personal budget. This allows you to arrange the support yourself via a direct payment. These funds are strictly for the provisions listed in Section F, not for extracurricular activities or private tuition.
ℹ️ More information in Section 9 of SEND Code of Practice (click here for more info)
Taking Action
If the plan doesn't reflect your child's needs, you have the right to request amendments under Section 38 of the Children and Families Act 2014. You have a strict 15-day window to make these representations. This is also the stage to express your preferred school choice in Section I.
If the document is finalised but remains fuzzy or if the plan isn't being followed, don't wait for the annual review. Request an "Interim Review" or an early "Annual Review" from your Local Authority to address concerns.
Above all, remember that every child has a right to an education. It is not just national law; it is international law under Article 28 United Nations Convention on the Rights of a Child
Written by John Hugill
May 2024
