What is an EHCP

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The Education, Health and Care Plan. It outlines any special needs a pupil or exam candidate has. While the a local authority must put the plan in place to help the candidate. Including which establishment or exam centre they can go to. Do not forget The Exam House along with BYT write EHC Plans.

Why get an EHCP?

An EHCP give a pupil a priority for access and admission to mainstream education. This priority provides the opportunity for both catch up and support .

It means the pupil has access to schools when previously they may have been excluded.

It is school must supply its own budget. A ECHP is key to access to a specialist school or exam centre.

The ECHP is a legally binding document. If the ECHP states the pupil needs one to one support in the classroom. The state backs this and must be supported. It covers anyone up to the age of 25. So including further education but not university.

Where to get an EHCP?

If the school or centre understands the situation and is supportive they will move with the process. Kick starting the exercise of achieving an ECHP.

One can start this oneself. By contacting the local authorities special educational needs department. Each council has one.

Whereas the school is slow. Or the views are different to yours. Take the control of the process and go direct to the local authority.

The EHCP process

After you have applied to the local authority for an ECHP assessment. 6 weeks is their deadline to reply.

Plenty of pupils are turned down at this point for an ECHP.

Fear not as one can appeal through the ECHP appeal process. This is an exercise of paper. Including over 80 percent of pupils succeeding in a appeal.

The local authority often produce flimsy excuses as to why they cannot produce a ECHP.

Excuses include assessing only children when they are several years behind ; do they have a pre condition that has been assessed; only when an education psychologist’s report is produced or even when the school has completed so many cycles of plan, do the local authority look at for the EHCP The excuses are endless These local authority excuses generally do not stand up in law. The one criteria one needs to meet is for an EHCP is the suspicion the pupil has special needs . While you suspect they need extra support.  

Once an EHCP has been agreed, Info from parents, Education professionals, doctors and therapist will add to the pre plan or draft EHCP. Parents have an opportunity to comment.

What happens if the parents are a unhappy with the proposal of the EHCP.

Local authority regularly speak in broad terms such as ‘would benefit from’ speech therapy.

Vague statement is hard to both engage with and interpret. One must look for clarity. E.g. using the word must.

E.g. must have therapy for 30 minutes in a group plus one session of 30 minutes per week on their own. This is specific.

The ECHP plan has to give credence to the pupil’s worst day. Pupils can often be presented in a way that enhances their performance to professionals. However, their teachers and other support staff will know the pupil’s worst.

Private reports commissioned are considered by obligation. They cannot be dismissed.

If you the local authority reject the private reports you can head to the the SEND Tribunal for a decision.

The SEND Tribunal will judge on EHCP disputes between you and the local authority. Including the contents of an EHCP, placement for the pupil etc.

Naming an establishment in an EHCP plan.

Preference for a particular establishment in the EHCP, and the LA must comply. Unless it is felt unsuitable fore age, aptitude and ability.

Or ‘the child’s attendance there would be incompatible with the efficient education of others, or the efficient use of resources’. this point usually is a sticking one. Whereas the local authority will give any excuse to head for the cheapest option. If a specific establishment is named which isn the cheapest. Then there must be an expectation of a confrontation with the local authority.

ADHD and exams

Reviewing EHCP

This is done once a year. It is part of an annual review by the local authority at the school or centre that the pupil is at.

The review considers if the ECHP has been successful, proportionate and appropriate.

The review should consider whether the placement remains appropriate –

This is the time to raise any concerns at the point of the annual review. Are there any changes that need to be made to the ECHP plan.

The AP Academy provides online alternative provision supporting EHCP programs.

Getting help with an EHCP around exams

The Exam House exam service includes suitable SENCO consultants. Who can walk you through the ECHP process and application. Here at the Exam house we can also recommend solicitors who can help you in this matter.