When you are happy with content or what is written in the the draft EHC plan, you can let the LA know and they can then issue a final plan.
Where you have suggested changes to be made but it has not been agreed by the LA, they may still proceed to finalise the plan. The parents or young person has a right to appeal to the tribunal and will be given the details of time limits and the requirement to consider mediation. Westminster IASS can offer advice and support as necessary.
Who has the duty to deliver what is in an EHC Plan?
The Local Authority has the legal duty to ensure that the educational provision written on an EHC Plan is made. This duty can never be delegated to a school or college whatever funding arrangements are in place.
The duty to provide any Health provision written on the EHC plan is with the local health commissioning body, usually the local Clinical Commissioning Group (CCG).
It is also the LA’s duty to provide the social care provision in an EHC plan if it is the result of an assessment under social care legislation.
A final EHC Plan describes:
A child’s special educational needs (Section B)
Long term help your child will receive to help the child’s learning and development (Section F)
How help will be made to achieve the long term objectives (Section F)
The name of the school which the child must attend (Section I)
Services which can be available through different agencies
A personal budget (if requested)
The final EHC Plan that you receive will either:
be the same as the draft plan, with the name of the school your child will attend in Section I, or:
updated information to some or all of the changes you have suggested made to Section B and F of the EHC Plan, and the name of the school your child will attend in Section I.
The school named in Section ‘I’ may be the one you have asked for, or another school chosen by the local authority.
If the name of the education setting is not written in the final plan, The LA may name the type of setting your child will attend i.e. special day school or mainstream day school.
The final EHC Plan must be signed and dated by the Local Authority. It will come with copies of all the reports from professionals (known as appendices) and a letter from the Local Authority telling you about your rights of appeal (which is within 2 months of the date of the letter) to Special Educational Needs and Disability Tribunal (SEND) if you disagree with the Local Authority on the information writen on Sections B, F or I of the EHC Plan.
If you have requested any changes to the draft EHC Plan, check that these changes that have been agreed between you and the LA and the changes are in the Final Plan.
Check if you disagree with any points made in Section B of the Plan or you want changes to be made to Section B.
Check if you disagree with any points made in Section F of the Plan or you want changes to be made to Section F.
Do you disagree with the school named in Section I of the Plan or the type of setting (mainstream/special) that your child will be attending?
You may appeal to SEND Tribunal if you disagree with the description of SEN in the EHC plan (section B) the special educational provision (section F), and the school or other provider named, or the fact that no school or other provider is named (section I). You must first contact your local mediation service and obtain a mediation certificate before submitting an application to appeal to tribunal (unless you are only appealing against the placement, section I, you do not need to contact mediation for a certificate).
You must first contact KIDS Mediation Service to obtain a certificate to make an appeal application to tribunal. This must be done within 2 months from the date of the Local Authority letter that came with the Final EHC Plan. If you obtain a certificate, your appeal deadline is extended by an addiotnal 30 days from the date of your mediation certificate issued.
The EHC Plan will be sent to the school named in Section I, if it is named in the Plan. The school named must admit your child.
The Head teacher or principal of the school, college or other institution named in the EHC Plan should ensure that those teaching or working with the child or young person are aware of their needs and have arrangements in place to meet them when they start school.
Institutions should also ensure that teachers and lecturers monitor and review the child or young person’s progress during the course of a year. Formal reviews of the EHC plan must take place every 12 months; this is called an Annual Review. The Annual Review looks at your child’s improvements, and considers whether any changes to the EHC Plan and the arrangements for your child are needed. Reviews are held every 6 month for children under 5.
If you are unhappy with decisions about the health and social care, you will not able to appeal against the health and social care information on the plan to SEND Tribunal, (section G, H1 and H2)
You can go to mediation and you can also complain through the health and social care complaints procedures.
For more information or help about your child’s EHC Plan or information about Appeal to the Special Educational Needs and Disability Tribunal please contact us.