Education, Health and Care Plans (EHCP)

Overview

If your child has more complex special educational needs, they may need an Education Health and Care Plan, also known as an 'EHC Plan', or 'EHCP'.

This is a legal document that:

  • describes your child or young person's Special Educational Needs and Disabilities, and
  • describes the support that is needed to meet these needs

The Council is responsible for producing and maintaining the EHCP, working closely with you, your child or young person, their school / setting, and any other service providers involved. 

EHCPs are designed to be person centred. This means that they focus on the child / young person and what they aspire to be as they grow up.

They focus on short term and long term goals, and the steps that need to be taken to achieve them. These are called outcomes.

From year 9, it must also focus on preparing for adulthood.

Reviewing the plan

EHCPs are reviewed on an annual basis (where the child is 5 years old or younger, it may be reviewed every 3 / 6 months). This is called an Annual Review.

You can also request an interim review of your child's EHCP, if you feel that your child's needs have changed significantly.

In some cases, a reassessment of your child's needs may be needed.

What support is available

If your child / young person has a plan agreed, the Council must provide the special educational support that is described in the plan.

This means a plan can give your child / young person extra educational support.

A plan can also give you more choice about which school / setting might suit your child or young person.

Eligibility

Most children and young people with special educational needs and disabilities (SEND) can have their needs met by their local school / setting.

If your child needs long term support which cannot be provided through universal or targeted support, they may need an EHCP.

Plans are produced for children and young people who are aged 0-25 years, and:

  • need more support than their school / setting can fund on a long term basis (1 year or more), or
  • need long term (1 year or more) specialist support

If you apply for a plan, you should demonstrate that the child / young person has had universal and targeted support and that this is not closing the gap in their learning.

Eligibility for a plan may change as your child / young person's needs change.

This means that it is not always necessary for the plan to remain in place until they are 25 years old.

Who decides who is eligible

The SEND Panel looks at whether a plan is needed.

They do this through an Education Health and Care needs assessment.

The SEND Panel is made up of professionals from Education, Health and Care.

How to apply

Applications for an Education, Health and Care Plan can be made by:

  • Schools / settings, and other professionals
  • Parents, carers, or someone acting on their behalf
  • Young people aged over 16, or someone acting on their behalf

If you apply on behalf of someone else, they must know you are doing this and agree to it.

Schools / settings and professionals

Request an Education Health and Care Needs Assessment (professionals)

Parents, carers, or someone acting on their behalf

Request an Education Health and Care Needs Assessment (parent / carer)

Young person aged over 16, up to the age of 25, or someone acting on their behalf

Request an Education Health and Care Needs Assessment (young person)

Help completing the form

For help completing your application, see the Parent / carer guide to the Education Health and Care Needs Assessment.

Where to send your application

Email your completed application form to sen@southtyneside.gov.uk, or by post to:

SEND Services
Children, Adults & Health
Town Hall & Civic Offices
Westoe Road
South Shields
Tyne & Wear
NE33 2RL

If you need to contact the SEN Team by phone call 0191 424 7410.

After you've applied

When an application is made, the process for an Education Health and Care Needs Assessment begins.

This looks at whether the child / young person:

  • has, or may have, special educational needs (SEN)
  • needs special educational support, known as 'provision', to be made through an Education, Health and Care Plan

The SEND Services Team will write to you and your child's school / setting to let you know we have received the application.

They may also ask you for any extra information they need.

You will be given information about:

  • when you can expect each stage to be completed
  • how to get independent information advice and support through SENDIASS

Stages and timescales

At different stages, the SEND Panel will determine whether to go ahead with the needs assessment process.

There are legal exceptions to the timescales, but they can only be applied by the Council.

The Council will let you know as soon as possible if the assessment will take longer than expected.

The stages start from when you have made an application for an EHCP:

Stage 1

Deciding whether a needs assessment is appropriate

By week 6, the Council must decide whether a needs assessment is appropriate.

To do this the SEND Panel will look at:

  • your child / young person's academic attainment (the academic levels they are working towards, or developmental milestones in younger children) and their rate of progress
  • information about their needs, and how they impact their learning
  • an outline of what support has been provided, or is being provided, and evidence of the impact this has had
  • a description of your child / young person's physical, emotional, social development and health needs, and what has been done to support these - using evidence from clinicians, health professionals and services involved
  • if your young person is over 18, whether they need extra time to complete their education or training, compared to those without SEN

When a decision is made
The Council will write to you, the school / setting, and the young person (if appropriate) about the outcome.

If the needs assessment is agreed
The application will progress to Stage 2.

If the needs assessment is declined
The panel will make recommendations about other types of support. You, or the young person (if over 16), will be told about the right to appeal. You will also be directed to SENDIASS.

Stage 2

The needs assessment

By week 12, the Council must have:

  • asked for advice and information about the education, health and care needs of your child
  • carried out any reasonable request for assessments by you / the young person
  • collected your views and those of the child / young person

The Council will gather information about your child / young person's needs from:

  • You, and your child / young person
  • The school / setting they attend

They may also gather information from some, or all of these professionals:

  • An educational psychologist
  • Specialist teachers, if your child has a hearing / vision impairment
  • Health and social care services

They may also ask for advice and information from any person you reasonably request advice from, and any other views that may be important.

If your child is in year 9 or above, they should also look at ask for advice and information about preparing for adulthood and independent living.

If the Council already has up-to-date information / advice that accurately reflects the child / young person's needs, they do not need to ask for new information.

The Council will contact you / the young person to arrange a next steps meeting to discuss the decision when it has been made.

Stage 3

Making a decision

By week 16, all evidence and information must be submitted to the Council.

The SEND Officer will prepare the information to be presented to the SEND Panel.

The panel will decide whether to issue an Education Health and Care Plan.

You will be contacted in writing to let you know the decision.

If an EHCP is agreed

An outline plan will be sent to you / the young person, the school, and any relevant professionals to review.

You will be invited to discuss the outline plan with a SEND Support Officer at a next steps meeting.

The outline plan will be developed into a draft.

The draft plan will include any changes that were agreed during the next steps meeting.

You will be sent the draft plan in writing.

You will be asked for your preference of school / setting (see more about this in Stage 4), and to make any requests for changes to the draft plan within 15 days of receiving it. This is known as 'making representations'.

When you ask for changes to the plan

When you ask for changes to the plan, the Council may:

  • issue a final plan with some or all the changes (these will be clearly noted)
  • issue a final plan without the suggested changes
  • make changes that they would like, and re-issue a draft plan

Following this, the application will progress to Stage 4.

If the EHCP is declined

The Council will explain why they think your child's needs can be met without an EHCP.

You will be able to attend a next steps meeting to discuss the recommendations the SEND Panel have made about how to support the child / young person.

The letter will also give you details about how to appeal, and where you can get independent advice and support.

Stage 4

Producing the plan

By week 20, the final plan will be issued, with any agreed changes, and the school / setting that the Council has named.

See what is included in a plan.

If you are not happy with the contents of the plan, or the named school / setting, you have the right to appeal.

How you will be involved

The Council will keep you involved throughout the process, and work alongside you to create your child's plan.

We can provide you with any information, advice and support you need to be involved.

You can submit your own information and advice, or reports with your views, if you want to.

You must submit these by week 16 for the Council to consider them as part of the assessment. See more about stages and timescales.

Person centered planning

We use a problem-solving approach known as 'person centred planning' to support children and young people to have the lives they want.

This looks at what is important to the child / young person from their point of view, to make sure they are at the centre of the decision-making process.

This approach is used to find out:

  • how a person wants to live their life
  • what is needed to make this possible.

When looking at what the child / young person and their family want for their future, 4 areas should be considered:

  • Education, training and employment
  • Independent living
  • Friendships, relationships and community inclusion
  • Good health

Preference for school / setting

You will be asked for your preferred school / setting.

You can ask for any of the following:

  • A maintained school / nursery (mainstream or specialist)
  • An academy (mainstream or specialist)
  • A further education setting
  • A non-maintained special school
  • A section 41 school (see more about specialist education settings)

For help making your decision, see the Parent / carer guide: choosing a school.

The decision on a school / setting

While we will consider all requests, we may name a school / setting that is different to the one you have asked for.

We have a duty to make sure:

  • the setting is suitable for your child / young person (considering their age, ability and special educational needs)
  • the attendance of your child / young person at the setting is an 'efficient use of resources'

 

What is included in a plan

Plans focus on short term and long term goals (outcomes), and the steps that need to be taken to achieve them.

As your child gets older, it must also focus on preparing them for adulthood.

Plans are designed to be 'person centred'.

This means they focus on your child / young person, and what they aspire to be as they grow up.

The process is designed to fully include you and your child / young person.

Contents of an Education, Health and Care Plan (EHCP)

A plan is made up of 12 sections which are set out by the SEND Code of Practice.

Section A
The views, interests and aspirations of the child/young person and their parents.

Section B
The child or young person's special educational needs.

Section C
The child or young person's health needs which are related to their SEN.

Section D
The child or young person's social care needs which are related to their SEN or to a disability.

Section E
The outcomes sought for the child or the young person.

Section F
The special educational provision required by the child or the young person.

Section G
Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN.

Section H1
Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970.

Section H2
Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. This will include any adult social care provision being provided to meet a young person's eligible needs (through a statutory care and support plan) under the Care Act 2014.

Section I
The name and type of the school, maintained nursery school, post-16 setting or other institution.

Section J
Personal budget arrangements.

Section K
Advice and information gathered during the EHC needs assessment.

Annual Reviews

South Tyneside Council must review Education Health and Care Plans every year.

This is usually referred to as the 'Annual Review'.

You can also request a review of your child's plan if you feel that their needs have changed significantly.

In some cases, the Council may need to reassess your child's needs.

In South Tyneside, the school / setting usually leads the annual review process.

Annual Review training is available to adults who have a role within the Annual Review process.

Timescales

The review must be completed within a year of when the plan was first issued, or within a year of the last review.

  • Children aged 0 to 5 years
    If your child is aged between 0 to 5 years, plans should be reviewed at least every 6 months.
  • Children moving to a secondary school / setting
    Annual reviews must take place and be completed by 15 February in the year the child is transferring. The named setting, or type of setting, must be included in Section I of their final EHCP.
  • From year 9
    From year 9, the annual reviews must look at the 4 areas of Preparing for Adulthood:
    • Education training / employment
    • Independent living
    • Friends, relationships and community
    • Good health
  • Post 16 education
    Annual Reviews must take place and be completed by 31st of March in the year the child is transferring. The named setting, or type of setting, must be included in Section I of their final EHCP.

Annual Review process

Stage 1

The meeting host (usually the school / setting) will write to you / the young person, to let you know that it's time for an Annual Review.

They will ask you to contribute your views, wishes and feelings.

This should include your view of the current arrangements, and if you feel any changes should be made to the EHCP.

They must also write to all professionals involved with your child / young person.

All reports should be sent to the meeting host within 2 weeks of the request being made.

Stage 2

The meeting host will send invitations to everyone to attend an Annual Review, giving at least 2 weeks' notice.

They will invite you and your child, and usually invite the same people that have been contacted for advice.

Other people may be invited, if it is felt that their help or contribution may be needed.

The meeting host must send copies of all reports that they have received with the meeting invitation.

Stage 3

The review meeting should be held in the style of a 'Person Centred Planning Meeting'.

It must:

  • fully involve you and the child / young person
  • consider your views, wishes and feelings
  • ask you to help make decisions

Stage 4

After the meeting, a report will be produced that includes any recommendations and changes to be made to the EHCP.

Any differences of opinion should also be presented.

This must be sent to everyone who was invited to the review meeting, and South Tyneside Council, within 2 weeks of the meeting taking place.

Stage 5

When the Council receives the report, it must decide whether:

  • no changes are needed to the EHCP
  • the EHCP needs to be changed
  • the EHCP should be ceased

The Council will let you know the decision within 4 weeks of the annual review meeting, and no later than the anniversary of the first EHCP or last review meeting.

Sharing your views

Giving your views is essential to the review process.

You and your child / young person will be asked for your views at each review.

Parents and carers

If you are a parent / carer, or if are acting on behalf of someone, you can use the following form to give your views about your child / young person:

Parent / carer Annual Review form

Or, you can provide your views in writing.

For more information about annual reviews and how to share your views, see:

Parent / carer guide: Annual Reviews

Children and young people

Children and young people have told us that they would like different forms to meet their different needs.

Together we have produced 3 different 'All About Me' forms, and young people can choose which one they would like to complete.

Children and young people are normally asked by their school / setting to share their views.

If you would like your child to share their views at home, they can use one of these forms:

'All About Me' (with Makaton)

'All About Me' (Illustrated)

'All About Me' (plain)

Young people aged over 14 are asked to consider their views in preparing for adulthood. 

Young people can use this form to share their views:

'All About Me' (Year 9 interactive)

Where to send your completed form

You can send your form to the host of the review meeting.

Or, you can send it directly to the SEN Team by emailing sen@southtyneside.gov.uk, or by post to:

SEND Services
Children, Adults & Health
Town Hall & Civic Offices
Westoe Road
South Shields
Tyne & Wear
NE33 2RL

If you need to contact the SEN Team by phone call 0191 424 7410.

You can also contact SENDIASS for independent information, advice and support.

Annual Review Training

Council For Disabled Children are offering free training for adults involved in the Annual Review process.

The course will help you understand the importance of a person-centred Annual Review process and meeting.

The course is made up of 5 online lessons, and each lesson will take approximately 20 to 30 minutes.

You can work through at your own pace. You do not need to complete all of the lessons on the same day.

For more information see Council for Disabled Children: Delivering Quality Annual Reviews. 

Mediation and appeals

South Tyneside Council wants to work with you to resolve any issues you may have.

If there are any disagreements or concerns about an EHC needs assessment or plan, you should contact the SEND Officer responsible for your case.

If an agreement still cannot be reached, you can appeal to an independent body called the First Tier Tribunal for SEND.

In most cases, you will need a certificate from a mediation service to do this. You have 2 months from the date of the decision letter to either:  

  • Attend mediation
    If you decide to attend mediation, you must contact the mediation service. They will organise a meeting within 30 days and the Council must attend.
  • Decline mediation
    You must contact the mediation service and let them know that you do not want to take part.

You do not have to contact mediation if you are only appealing the name of the school / setting in Section I of the EHC Plan.

You must let your named SEN Officer at the Council know that you are going to mediation, and what the issues are.

Mediation service

Mediation is a less formal way of trying to agree the sections of the EHC Plan, where there are disagreements.

It involves a meeting between you, someone from the Council, and an independent mediator.

The mediator will try to help you reach agreement.

The service is free of charge, impartial and confidential.

See Chapel Mediation and Consultancy Services.

It is up to you if you want to use the mediation service.

Mediation certificate

After you have declined or attended mediation, you will be issued a mediation certificate within 3 days.

If you feel that mediation has not resolved the issues, and you would still like to make an appeal, you must do this within 30 days of receiving your certificate.

Mediation expenses

You can claim certain expenses from the Council connected with you and your child attending mediation.

However, you must:

  • get agreement with the Council about what expenses can be claimed before you attend
  • provide satisfactory supporting evidence / receipts of the expenses when you make a claim

First Tier SEND Tribunal

The First Tier SEND Tribunal is overseen by Her Majesty's Courts and Tribunals Service.

The tribunal hears appeals by parents / carers and young people who are in dispute with the Council about specific issues related to the EHC needs assessment and the EHC Plan.

You can appeal if the Council:

  • refuses to arrange an EHC needs assessment, when a request has been made by you, the young person, or the school / setting
  • refuses to issue an EHC Plan after completing an assessment
  • refuses to re-assess the child / young person (where the Council has not completed an EHC needs assessment in the last 6 months)
  • decides not to change the EHC Plan after an annual review, or EHC re-assessment
  • decides to stop maintaining the EHC Plan
  • has finalised the EHC Plan, and you disagree with one or all of the following:

Appealing other sections of an EHCP

As part of a national trial, extended powers have been given to the SEND Tribunal.

Tribunals can now hear appeals, and make non-binding recommendations, about the health and social care aspects of an EHC Plan, as long as the appeal includes education elements.

On 20 July 2021, the Department for Education confirmed that extended powers will continue.

For more information, see GOV.UK: SEND tribunal extended appeals.

Making an appeal to the First Tier SEND Tribunal

If you would like to make an appeal to the First Tier SEND Tribunal, you must lodge your appeal:

  • within 2 months of the Council's decision, or
  • within 1 month of receiving your mediation certificate.

You must provide:

  • a copy of the decision you are appealing against, and
  • the mediation certification (if you are only appealing Section I of the EHCP, you do not need to provide a mediation certificate).

You will get a notification that your appeal has been logged, and a date for the tribunal hearing.

The tribunal hearing

All parties will be asked to provide evidence.

At the hearing there will be a judge and a panel of tribunal members.

They will look at the evidence to decide on the elements that you have appealed about.

They will write to you within 10 working days to give you a decision, and explain why the decision has been made.

To find out more about SEND tribunals, see GOV.UK: How to appeal a special educational needs sen decision.

For independent support and advice about making an appeal, contact SENDIASS.

Personal Budgets for an EHCP

A Personal Budget is an amount of money used to deliver all, or some, of the support set out in an Education Health and Care Plan.

It helps to give you and your child / young person more choice and control over the support you need.

It is not extra funding - if you have a Personal Budget, it does not mean you get any more, or any less funding to support your child / young person.

If you don't want a Personal Budget

If you do not feel a Personal Budget is right for you or your child, you do not have to have one.

It may not be possible to give you a Personal Budget.

This may be because:

  • The funding is already part of a larger budget, which cannot be separated. If this is the case, we will let you know why.
  • The Council may not agree to a Personal Budget. This may be due to safeguarding concerns and / or issues of consent. This will be discussed with you.

How much you will get

The amount you get will be identified by the Council.

It will depend on how much is available to spend on support for the needs of your child / young person.

Apply for a Personal Budget

You can ask for a Personal Budget at:

  • the planning meeting for a newly issued EHC Plan, or
  • at an Annual Review

We will look at each request for a Personal Budget individually.

If you choose to have a Personal Budget

A SEND Officer will discuss the Personal Budget with you.

They will develop a plan for how it will be managed, delivered and spent.

The Council will estimate the amount of funding available.

Personal Budget agreement

When these arrangements have been agreed, the SEND Officer will write a Personal Budget agreement.

The amount of funding available will be finalised.

This will form Section J of the EHC Plan.

If you don't agree with the plan, or the Personal Budget amount, you can make a complaint to the Council or health provider.

Using a Personal Budget

The way you use a Personal Budget will be agreed with you and included in the EHC Plan.

The funding must be used on the support / provision set out in Section F of the plan.

There are 4 ways Personal Budgets can be used:

  • Direct Payment: You get the funds to arrange the services yourself
  • A Notional Budget: The Council, school / setting, or institution holds the funds, and arranges the support
  • Third Party Arrangement: Funds are paid to, and managed by, an organisation on behalf of you or the young person
  • A combination of the above

What a Personal Budget can be used for

A Personal Budget can be used for support in education, health and care:

Education

Personal Budgets are not available for something that the child / young person's school / setting already provides.

It could be used when the school / setting is unable meet the child's needs.

A Personal Budget may be used for:

  • specialised education equipment
  • individual support, this must be agreed by the school / setting
  • transport to and from the school / setting, this is called a Personal Travel Budget

Health

If your child / young person gets NHS Continuing Healthcare, you have the right to ask for a Personal Health Budget.

The budget, and how it is managed, will be set out in Section G and Section J of the EHC Plan.

A Personal Health Budget may be used for:

  • therapies
  • personal care
  • specialised equipment

Social care

Under 18s

If your child / young person is under 18, the Council has a duty to offer Direct Payments for services it provides to children with disabilities or their families.

This might include:

  • support in your home (such as equipment, or help with personal and domestic activities)
  • access to services in the community
  • short breaks

Over 18s

If your young person is over 18, and:

  • has eligible care and support needs, or
  • if the Council has decided to meet their needs

The Personal Budget will be the overall financial commitment to meet the young person's needs.

The Personal Budget, and how it is managed, will be set out in Sections H1, H2, and J in the EHC Plan.

Travel

See Help with school and college transport: Personal Transport Budget.

Direct Payments for an EHCP

If a Personal Budget has been agreed, you can ask for it to be paid by Direct Payment.

This is a cash payment made directly to you, or the young person.

It means you can arrange and manage the support set out in the Education, Health and Care Plan.

Direct Payments for education and social care support

If the Council agrees to a Direct Payment, you will be contacted by the Self Directed Support Team.

The team provides:

  • detailed information, leaflets and fact sheets
  • support with paperwork
  • help to find support

You cannot use Direct Payments to:

  • buy services from the Council, health authority or housing
  • employ a member of your household who lives with the child
  • buy long-term residential care

Direct Payments for health arrangements

To get a Direct Payment for a health arrangement, you will need a care plan which includes:

  • the health needs to be met, and the outcomes to be achieved 
  • the resources that the Direct Payment will be used to buy, the size of the Direct Payment, and how often it will be paid
  • the name of the care co-ordinator responsible for managing the care plan
  • who will be responsible for monitoring the health condition of the person receiving care
  • the expected date of the first review, and how it will be carried out
  • the period of notice that will apply if the Clinical Commissioning Group (CCG) decides to reduce the amount of the Direct Payment
  • if necessary, an agreed procedure for discussing and managing risk