Education, health and care (EHC) plans
Education, health and care (EHC) plans are gradually replacing statements of special educational needs and learning disability assessments (LDAs).
EHC plans look at all your child's needs and brings together education, health and care services to achieve agreed outcomes. The focus is very much on what is important for children and young people – what they and you want to achieve now and in the future.
EHC plans are available from birth to 25.
Children, young people and families at the centre of the assessment and planning process. Sixteen to 25 year olds should be especially involved in the planning.
We will make sure you have time to prepare for meetings and share your views. You can come to any tests or assessments your child needs.
We are responsible for making sure all the services are brought together and that the plan is well co-ordinated.
We decide whether to give your child an education, health and care (EHC) plan after a formal assessment of their needs.
We will complete the assessment and planning within 20 weeks.
We'll tell you within 16 weeks of starting the education, health and care assessment if we decide not to make a plan for your child. We'll invite you to a meeting to discuss things.
Appealing: you have 2 months to appeal to a tribunal if we decide not to make an EHC plan. We will tell you how to appeal.
Even if we don't give your child a plan we may still offer them support.
If we decide to make an education, health and care plan
We'll write an EHC plan for your child if we decide your child's needs can not be met by their current school or nursery's arrangements.
The plan will set out the long term outcomes and the help that will be provided. We will explain the help that is available and involve you in decisions about how any funding is used. In some cases you may be able to receive a personal budget. We'll talk to you about your options.
You and your child should be central to developing the plans and involved at every stage. We'll meet with you to discuss the plan. We may also invite your child and any professionals who were involved in the assessment.
You'll be able to comment on the draft plan before we issue the final one.
Appealing: if you disagree with the final plan you can make an appeal. We will tell you how to appeal.
Reviewing the EHC plan
We review your child's plan every year in a meeting which you and your child can come to. In the meeting we:
- check the support your child has received over the past year has helped them to make progress
- see if your child's needs have changed in any way
- plan for the next year
- see if the plan is still suitable or needs changing.
Your child's headteacher will send us a report on the meeting. We'll use this to review the plan. You will get a copy of the report.
Changes to the EHC plan
We will always ask for your views before changing your child's plan. You can appeal to the special educational needs and disability tribunal if you disagree with our changes.
If your child is due to start or change school in September you must tell us which school you'd like your child to go to within 15 days of receiving the draft EHC plan.
We will always do our best to give your child the school you want. If we can, we'll name your chosen school in the plan.
If you don't choose a school, we will name the state school closest to your child's home that can meet his or her needs. We have to take the school's views into account before we name them.
We have to name a secondary school by 15 February in the year your child starts secondary school.
If you need help choosing
Your named SEN officer or SEND area team can help you choose a school and will give you information about help with transport.
We will convert all statements of special educational needs and learning difficulty assessments (LDA) to education, health and care (EHC) plans unless they're no longer needed.
We have to convert all statements by 1 April 2018.
When it will happen
Year 9: meetings need to take place by December 2016 for children moving into year 10 in Sept 2017.
All other year groups: if your child's statement has not been converted to an EHC plan yet, please speak to your SENCO.
Your child's headteacher or head of department will send you a letter inviting you, your child and everyone who supports them to a formal transfer review meeting.
They will use a document which looks like an EHC plan to write a report about barriers to your child's learning, the help they're receiving and long term goals (outcomes). They will send this to us.
We will carry out an EHC assessment. Your views on your child's needs are important to ensure that the new EHC plan is focussed on the outcomes for his or her future, and you can contribute them in writing or in person before and during the transfer review meetings. We will also use the assessment information within the existing statement and any other updates which are being provided for the review. We will only seek more advice if there are concerns that the advice previously provided is no longer relevant.
After the review meeting we will write to you again with our completed assessment set out in a draft EHC plan and invite you to meet with us and comment before we issue it in its final format. We will aim to complete the plan within 20 weeks.
The EHC plan won't formally replace the existing statement or LDA until we issue it as a final document after the 15 day period has passed and we've made any changes.
Download the Kent revised plan for transfer (DOCX, 31.2 KB).
If you are unhappy with section B (special educational needs), section F (provision) and/or section I (placement) of the final EHC plan, you have the right to appeal to the special educational needs and disability tribunal.
From 3 April 2018, as part of a 2 year trial, you will be able to appeal the health and social care needs and provision specified in the EHC plan. The government is extending the powers of the First-tier Tribunal (SEND), to make non-binding recommendations about the health and social care aspects of Education, Health and Care (EHC). Read the guidance for local authorities for the SEND Tribunal - single route of redress.
Before you can make an appeal you must contact Global Mediation within 2 months of the date we issue your EHC plan to inform them whether you wish to make an appeal or pursue mediation. Global Mediation offers free, independent and confidential advice to assist you. If you do not wish to mediate, you will still be required to obtain a mediation certificate before making certain appeals.
You are also required to inform us if you wish to pursue mediation and of any mediation issues by contacting your named SEN caseworker, or by contacting your SEN team. Please note when emailing, you must title your email ‘mediation issues’.
- appealing an education, health and care (EHC) plan decision
- complaining about disability discrimination
- Information, Advice and Support Kent (IASK) an independent, confidential, impartial and free service which can provide you with support