When the draft EHCP is received, the LA must give parent/carers or young people at least 15 days to:

1. Make comments about the draft EHC plan

2. Request a meeting with the LA to discuss the draft

3. Request an educational setting is named in the EHCP

It is important that the EHCP is correct and describes the child/young person clearly.

The EHCP will be made up of the reports and information that was gathered as part of the EHC Needs Assessment.

These reports will be sent at the same time as the draft EHCP and will become the ‘K’ documents and will be listed in section K of the EHCP.

When looking over an EHCP it’s important to ensure that all personal details are correct such as spelling of name, date of birth, telephone numbers etc.

Section B of the EHCP will have the child or young person’s special educational needs detailed.

Section F of the EHCP will detail the child/young person’s special educational provision which is needed to meet their special educational needs.

Section E details the medium and long term outcomes. The outcomes are described as the benefit or difference made to the child or young person as a result of the special educational provision.

Section I of the EHCP details the placement that is able to meet the needs and provision detailed in the plan.

The key to a strong plan is:

• Accurate identification of need—Section B

• Specific and detailed support/provision—Section F

• Agreed outcomes - Section E

• Should then lead to an appropriate placement— Section I

How to check an EHCP

Go through each K document and in one colour highlight all the special educational needs.

An example of a need:

Pupil X has ADHD, this is a diagnosis.

Pupil X finds it hard to stay focused in a noisy, busy classroom, and is easily distracted, this is a special educational need

Go through each K document and in another colour highlight all the special educational provision.

 

An example of a provision:

Pupil X will have a separate desk with a screen to minimise the classroom distraction.

Once all the needs and provision have been highlighted in the K documents, its then important that Section B, the special educational needs, and Section F, the special educational provision, are checked thoroughly to ensure all the needs and provision identified in the K docs have made their way into the plan. 

It is worth going through sections G and H to check and see if any provision is educational or training provision, as it would then need to be in section F

Provision detailed in an EHCP must be specific and usually quantified

• Type of support

• Amount of time

• How often

• Delivered with what level of expertise/by who

Remember .....

Section B (needs) + Section F (provision) = Section I (placement)

In a draft EHCP Section I is blank, this is so that parent/carers or young people can name the placement they would like the LA to name.

The EHCP must reflect the child/young person’s needs and the provision to meet those needs, rather than the resources which can be offered in a particular placement

Parent/carers and young people can ask the local authority to name one of the following:

•maintained nursery school

•maintained school and any form of academy or free school (mainstream or special)

•non maintained special school

•Further education or sixth form college

•Independent special schools or independent specialist colleges (if they are section 41)

The LA must name the school/institution (if it is in the list of schools that can be requested) unless:

•The school is unsuitable for the age, ability, aptitude or special educational needs of the child or young person

•The attendance of the child or young person would be incompatible with:

•The provision of efficient education for other children

•The provision of efficient use of resources

The LA must consider The Education Act 1996, Pupils to be educated in accordance with their parents wishes.

The burden of proof is on the LA to establish which of these are applicable.

Once the draft plan is sent back to the LA with the changes/placement requested they will then finalise the plan and send it back to the parent/carer or young person.

There is no set deadline for a local authority to send out the draft plan, however it must send the final EHC plan within 20 weeks from receiving the request for an EHC needs assessment.

If the parent/carer or young person is unhappy with the final EHCP they will then have a right to appeal it.