“My child’s school cannot provide for their special educational needs.”
Children whose school cannot provide the necessary provisions when it comes to special educational needs will most likely require an Education Health Care Plan (EHCP).
AN EHCP is a legal document which outlines the child’s needs, the provisions they require, and the placement of education they should attend. An EHCP should be fully detailed and enclose specific information about the support that is required. The majority of EHCPs do not include adequate detail about individual provisions when they are prepared.
Before a child can be issued an EHCP, the local authority must make an EHC Needs Assessment. The outcome of this assessment will determine whether an EHCP is necessary.
The assessment itself will involve the local authority considering the subjective needs of each individual child, the provisions they require, and whether or not it is reasonable for a typical school to deliver the support they need.
Normally if a child requires external specialist help, additional teaching time, therapeutic support, one-on-one support, specialist equipment, or they need a placement at a special school, it is likely they will require and EHCP.
Local Authorities tend to apply policies rather than the law when deciding to issue an EHCP or not to a child. This can lead to local authorities refusing to provide EHCPs for children, even when they qualify for one. If a local authority declines to make an EHCP, you do have the option to appeal to the Special Education Needs and Disability Tribunal with your case, where the law will be applied.
If you have any questions about securing an Education Health and Care Plan for your child, or you are having difficulties in securing one and need advice, our education law solicitors are here to help.