Education, Health and Care Plans

Listening to families.
Understanding the law.
Supporting children.

An Education, Health and Care Plan, commonly known as an EHCP, can be an essential part of securing the right support for a child or young person with special educational needs, in England.

EHCPs only apply in England. If you are based in Wales, then please refer to our IDP page

An EHCP sets out a child’s individual needs and the provision that must be put into place to cater for those needs. Once issued, the special education provision specified in the plan has legal force, making it important that the EHCP accurately reflects what your child needs, and is written in a clear and quantified way so that it can be enforced.

Getting an EHCP in place is not always straightforward. Local authorities can refuse to assess a child, decide that an EHCP is not necessary, and/ or issue a plan that does not properly reflect the support your child requires.

If you disagree with a decision, you may have the right to challenge it through the First-tier Tribunal

Getting the detail right matters

An EHCP needs to be more than a description of a child’s difficulties. It should clearly identify the support and provision required to meet their individual needs.

The wording used within an EHCP can therefore make a significant difference. Provision should be clear, specific and sufficiently detailed so that everyone understands what support should be provided, how often it should be provided and, where appropriate, who is responsible for delivering it.

If the wording is unclear or lacks sufficient detail, it can become much more difficult to ensure that the provision your child needs is actually delivered.

Our specialist education solicitors can help you understand your child’s rights, challenge decisions that do not reflect their needs and work with you to ensure their EHCP provides the appropriate support.

If you feel your child’s needs are not being properly recognised or supported, we are here to help you understand your options and take the next step.

When should the local authority assess my child?

If you believe your child may have special educational needs that require additional support, you can ask your local authority to carry out an EHC needs assessment.

The legal threshold for an assessment is relatively low. The local authority should consider whether your child has or may have SEN and whether it may be necessary for special educational provision to be made through an EHCP.

The local authority should make its decision within six weeks of receiving your request.

If the local authority refuses to assess your child, you may have the right to challenge that decision through the First-tier Tribunal (SEND).

How long does an EHCP take?

There is a statutory timescale for the EHCP process. Where an assessment is agreed, the local authority should normally issue a final EHCP within 20 weeks of the original request for an assessment.

The process generally follows this timetable:

Weeks 1 to 6
The local authority considers whether an EHC needs assessment should take place.

Weeks 6 to 16
The assessment takes place, with information gathered from parents, professionals and your child’s education setting.

Weeks 16 to 20
If an EHCP is considered necessary, the local authority prepares and issues the final plan.

Unfortunately, these timescales are not always met. Delays can leave families waiting for essential support and, in some circumstances, there may be further steps available to challenge unreasonable delays.

What can I appeal to the SEND Tribunal?

If you disagree with certain decisions made by your local authority, you may be able to appeal to the First-tier Tribunal (SEND).

What decisions can be challenged?
Depending on the circumstances, you may be able to appeal a local authority decision about:
• Refusing to carry out an EHC needs assessment
• Refusing to issue an EHCP following an assessment
• The description of your child’s special educational needs
• The special educational provision set out in the EHCP
• The school or type of school named in the plan
• Refusing to amend an existing EHCP
• deciding to cease the EHCP

There are specific deadlines for bringing an appeal, so it is important to seek advice as soon as possible if you disagree with a local authority decision.

The rules surrounding appeals can be complex, particularly where mediation is involved. We can explain your options, help you understand the relevant deadlines and advise you on the best way forward.

How can we help?

An EHCP should accurately reflect your child’s individual needs and the support they require. Getting the detail right can make a significant difference to the help they receive.

We can review your child’s circumstances and existing evidence, identify areas where further information may be needed and advise on the provision that should be included in their EHCP.

Where an appeal is necessary, we can help prepare your case, communicate and negotiate with the local authority and represent you throughout the tribunal process.

Our aim is simple: to help you understand your child’s rights and make sure their needs are properly recognised and supported.

Get in touch today

What Our Clients Say

Robert and Maria helped with an issue regarding my daughter and her school. Very helpful, informative and responded quickly to queries, excellent service. I cannot thank them enough for all the hard work and effort that went into this case. Highly recommend to any one that needs advice/representation with education issues. They are both a credit to the company.

Donna

I cannot thank Robert Slade and his team Maria and Helen for their fantastic work on behalf of my son's univeristy complaint regarding his health issues at the time of his assessment and what we felt was discriminatory practice by the university. The complaint was upheld! and I firmly believe this would not have happened without the expert evidence provided by this legal team. We are so gratefull that we used this team and cannot give higher recomendations.

Michelle Jeanne Moore

"The firm was amazing, the way they approached myself with kindness and open arms, was something I truly did not expect...
...We were represented by Stephanie Jones. Stephanie showed excellent time keeping, her attention to detail and pure compassion was astounding...
...And yes we did win and settled before we even got to tribunal, securing an independent SEN placement...
...Stephanie and Alexander went above and beyond and helped prop a mother up who was dealing with the loss of a parent, I hope when I qualify as a solicitor I display the same integrity as this firm."

Kelly Clements

We had Ed Duff lead our ECHP challenge when the local authority tried to suggest ordinary available provision (which we'd tried) was suitable for our then 7yr old neurodiverse son. Ed and the team are excellent, and exceptionally experienced at handling such complex matters on behalf of their clients. Ed ensured he kept us informed at all points, and is great at demystifying this opaque EHCP system. Cannot recommend highly enough.

Nicholas Casey

I have been using the services of HCB for a number of years now for my daughters educational needs and they have been very supportive and professional. Sophie who has been helping us through my daughters final year at college has been instrumental in my daughters development and progress. Whilst on this occasion we did not require the need to go to tribunal again as that was done with Andrew’s support and expertise. We did require support to enable the right outcome from our LA to finalise everything. This was done and the right outcome was granted. Swiftly and professionally. Thank you Sophie

Emma Hawkings-Byass

"At the hearing, Ed was exceptional. He handled the Local Authority’s behaviour calmly and professionally, dismantled their evidence with precision, and presented our case in a clear, strategic and highly effective way...
...His advocacy was confident, measured and persuasive, and it directly secured the specialist placement our son needs...
...Grace’s support throughout the process was also excellent. She kept everything organised, communicated clearly, and ensured that all documentation was handled smoothly...
...Their professionalism, expertise and commitment made all the difference. We would not hesitate to recommend them to any parent navigating the SEND system."

Helen Heath-Anthony

We never expected to need legal help for our son’s school placement but found ourselves in the position to need to appeal the EHCP plan for our son. Friends recommended HCB solicitors and I’m so glad they did. The outcome was more than successful and we were supported through every step of the process. All work charged was fair and reasonable and everything was explained to us with care and detail. We dealt with many staff members at the firm and each and everyone of you were polite and supportive it was an absolute pleasure to have had you as our solicitors! Thank you to Caitlyn who took our case on as things heated up you were incredible and your advice was exactly what we needed to finish the case. I wouldn’t hesitate to recommend this team if you are looking for help with your children’s EHCP.

Yasmin

I want to say a huge thank you to Andrew Barrowclough and Stephanie Jones. After trying to navigate the EHCP appeals process myself to get the right support for my daughter, I reached out to HCB when the process had become extremely stressful and I knew I needed their expertise. From the moment they became involved, they were professional, knowledgeable and understanding. They took the time to explain everything, guided me through the process and handled everything with such care and confidence. They ultimately secured a place for my daughter at the school that can properly meet her complex needs, and I genuinely cannot thank them enough. If you are a parent navigating the EHCP appeals process and fighting for the right support for your child, I would highly recommend Andrew and his team.

Hannah Buckland

***** EXCEPTIONAL EDUCATIONAL SOLICITORS ***** I received outstanding service from Robert and his team Helen & Maria at HCB solicitors, Cardiff in helping to hold my 16 year old son's college accountable when they failed to identify his declared disability, costing him a year of his education. They successfully secured an out of court settlement, resulting in the college both paying compensation and issuing an apology for my son's suffering. Robert was mindful of my son's lack of income to fund legal advice and kept costs to a minimum without compromising the strength of his case. Helen and Maria were fantastic in keeping me updated and actioning anything needed when Robert was not available. That was particularly important given the strict time limitations on educational claims. I would not hesitate to recommend them to families and students in a similar situation and I am delighted we chose HCB solicitors to represent us.

Selina Phillips

Rob Price and his team have been absolutely fantastic throughout the process of securing an EHCP placement for our daughter. Rob really listens, is quick to respond and is always incredibly helpful.

Emye Mcaughtry

Great support provided by Robert Slade and Maria Racz-Makany, helping my daughter through a difficult situation and investigation at University. Thanks to high quality work and support, and a rapid turnaround, clarity was brought to the situation and the correct outcome achieved for my daughter. We are very grateful to HCB for their great work and support.

Graham Morris

"Rob Price, Saskia, and Mari were exceptional throughout. What stood out immediately was that they genuinely cared and that this wasn't just a case to them...
...Rob's own personal experience lent an authenticity and empathy to his approach that was reassuring during what is an incredibly stressful process...
...At the tribunal, Rob was measured, calm, and authoritative. His significant experience with the tribunal process, its workings and its panel was evident...
...Based on the evidence submitted and heard during the Tribunal, the panel sided with our case and our kid is now attending the right school for them, based on their needs...
...We highly recommend Rob and his team and if you find yourself in the unfortunate position of facing a tribunal process, trust the team, let them do what they do, and you will be in the very best of hands."

Kathryn Lee

HCB Solicitors have been assisting and representing us for the past 6-7 months. It is hard to find words to do them justice (no pun intended) - they have been exceptional. Not only are they highly specialist, knowledgeable, and reliable, but they also truly care. In the same way that a compassionate medical professional makes all the difference, so does having a legal professional who cares. Thirty seconds into speaking with Mark Glen for the first time, I could tell that he knew exactly what position we were in, how it felt to be in it, and how best to deal with it. You cannot ask for better than that. Mark and Grace fought tirelessly for our child's legal rights, and our child will continue to grow up knowing we couldn't have done it without them and the team at HCB.

Laura J

Laura Carr has been my rock whilst I was so low and did not physically or mentally have the energy to fight anymore. I was not only kept up to date with everything that was happening or about to happen, she also knew her job inside and out and was professional and efficient throughout. My son is now at the school that can 100% meet his needs and I would recommend to anyone having difficulties with their SEN Child to contact Education Law Advice.

Elin Bowen

Rob Price represented my son Luke in his appeal to remain at his specialist autism college, and I cannot recommend him highly enough. From the outset, Rob was professional, approachable and incredibly efficient. He acted extremely promptly throughout the process, always keeping us informed and ensuring everything was completed on time. His knowledge and expertise gave us confidence during what was a very stressful period. Most importantly, Rob genuinely understood how important the right educational placement was for Luke. Thanks to his hard work and dedication, Luke was able to remain at the college where he is thriving. We are so grateful for everything Rob did for our family. If you are looking for a solicitor who is knowledgeable, compassionate and truly committed to achieving the best outcome, I would not hesitate to recommend Rob Price.

Joanne Withell

I cannot thank Rob Price and his team enough for all of their help and support with progressing Annabelle’s EHCP appeal. Thanks to their hard work and expertise, the outcome was successful and Annabelle now has our preferred secondary school named in Section I of her EHCP. Throughout the entire process, Rob was extremely professional, knowledgeable and efficient. He always acted quickly on anything that needed to be done and was incredibly responsive throughout what can be a very stressful process for families. Whenever we spoke on the phone, it was very clear that he really knew his field inside out. He gave excellent advice, explained things clearly and always made me feel reassured and supported. Having Rob and his team involved made the whole process far less overwhelming than it otherwise would have been. I would absolutely recommend Rob and his team to anyone needing support with SEND or EHCP matters, and I would not hesitate to use them again in the future if needed.

Rebecca

With the help of Saskia and the team we were able to win our case against the LA a few days ahead of the hearing date. This would not have been possible without their knowledge, expertise and professionalism displayed. We are truly thankful for the provision we now have in place for our son and his future. I would highly recommend to anyone needing a solicitor for SEN educational / EHCP help.

Hollie Bannister