Who is responsible for my child/young persons EHCP?
Under S.42 of the Children and Families Act 2014 it is the Local Authority’s responsibility to ensure the provision detailed in an EHCP is provided, it is their duty to ensure that the place of learning the child/young person attends is following the plan and must provide them with the support or additional funding needed to put the provision in place. There is no defence to a failure to secure the special educational provision in an EHC plan.
There is various Case Law that makes clear it is the LA’s responsibility to ensure that provision detailed in an EHCP is provided from the date the plan is issued as well as ensuring that the place of learning of is providing what it states and not something different. Please see the below links to Case Law:
If the EHCP is not specific or quantified it’ll be harder to enforce the provision detailed, it’s important you look through the EHCP and use our Reading and Understanding booklet to ensure it is both specific and quantified, if it isn’t you could ask for a review of the plan.
My child/young person has been put on a reduced timetable is this legal?
In very exceptional circumstances a child/young person can be put on a part-time/reduced timetable, for this to happen there needs to be full agreement from the parent/carer and Head Teacher. It needs to be temporary with a time limit stating when it will end and regular meetings with the place of learning to see how they are going to get the child/young person back into full time education. Whilst they are on a reduced timetable the school should be seeking outside advice from other professionals to see what more they can do to support the child/young person and increase the reduced timetable back up to full time. If the child/young person has an EHCP (Education Health and Care Plan) it may be that an early review needs to be called.
The place of learning has told me that my child/young person can only have SEN support or an Education Health and Care Plan (EHCP) with a diagnosis.
This is not correct. A child or young person does not need to have a diagnosis to receive SEN support or an EHCP.
Who can apply for an Education Health and Care needs assessment (EHCNA)?
A child’s parents, a young person over the age of 16 but under 25, or a person acting on behalf of a place of learning. You can request an EHC needs assessment by writing a letter to the Local Authority or you can fill in a form on this website
The educational placement has told me that my child/young person isn’t bad enough for an Education Health and Care Plan (EHCP) and wouldn’t qualify for one, is this correct?
No, this is not correct. There are legal tests and criteria that a local authority must use in determining whether a child or young person needs an EHCP or not. This is done on a case-by-case basis using evidence submitted.
I have been told that an Education Health and Care Plan (EHCP) is just a piece of paper and nothing is ever done with it, is this right?
No, this is not correct. An EHCP is a legal document that details the child/young person’s needs and the provision to support those needs. A place of learning must ensure they are following the provision detailed in the EHCP but it is the local authorities’ responsibility to make sure the EHCP is funded appropriately, followed and legally compliant.
I’ve been and spoken with a number of local mainstream schools, but they are all saying they won’t be able to meet my child’s needs, can they do this?
Schools (including academies and free schools) must have regard to the Admissions Code, the Equality Act 2010 and the SEND Code of Practice 2015. It is against the law to discriminate on the grounds of disability and if a school is saying they can’t accept a child because of their disability this may be discriminatory. The Children and Families Act states that children and young people must receive a mainstream education if that is what the parent/carer wishes for.
My EHCP Co-ordinator is not responding to my emails, what can I do?
Firstly contact the EHCP SEN Ops Team on 01603 679183 and ask for the details for your EHCP Co-ordinator's manager. If you have contacted their manager and the is issue has not been resolved, then you can put a formal complaint into the Local Authority via their compliments and complaints page. Here is the link to the complaints page: Compliments and complaints - Norfolk County Council