Education Health and Care plan

An Education, Health and Care (EHC) plan is a legal document that gives a description of a child or young person’s special educational (SEN), health and social care needs. It will provide details of all the extra help and support a child/ young person will require to have their educational needs met when faced with barriers to their learning.  

If a child or young person who is aged between 0–25 needs more help, or a different kind of help than most mainstream nurseries, schools, colleges normally provide, then an Education, Health and Care plan (EHC) may be needed.

The statutory test that must be applied when a request for an EHC assessment is submitted is that the child or young person: –

• Has or may have special educational needs or a disability
• And that they may require special educational provision in the form of an EHC plan.

This test is set out in Part 3, Section 36(8) of the Children and Families Act 2014  

It is not legally required for the following to be in place before an EHC assessment can be requested:

• A formal diagnosis of a specific condition.
• School have completed 2 cycles of assess, plan, do review process (sometimes called the graduated response). (Link to this section in SEN Support to be added)
• The school have shown they have spent their £6000 delegated budget
• Settings have involved outside agencies and professionals such as an Educational Psychologist.
• Although it is good practice where possible to do this, a diagnosis is not a legal requirement, but it is helpful to gather information about the child/ young person’s needs and how these may impact on their access to learning.

EHC needs assessment and plans FAQs | (IPSEA) Independent Provider of Special Education Advice

Section A – Child/young person’s and parents views

This section cannot be appealed at the SEND Tribunal as this section are your views.

Section B – Description of your child/young person’s special educational needs and is divided into four main areas of need and can be appealed.  All special educational needs identified must be included in this section.

Section C: should contain information on the health care needs your child/young person has which relate to their SEN.

Section D:  should detail any social care needs which relate to your child/young person’s SEN or to a disability. If a social care assessment has been conducted, then information on this should be included.

Section E – Outcomes. Long term 2 to 3 years or a key stage target for your child/young person’s achievement and cannot be appealed.

Section F – Description of the special educational provision your child/young person’s needs which are found under the outcomes (Section E) and can be appealed.  This section should clearly describe the special educational provision required to meet the needs identified in Section B of the EHC plan. For every special educational need detailed in Section B there must be some form of special educational provision in Section F. The provision in this section should also support your child/young person in moving towards achieving the outcomes in Section E of the plan.

Section G:  should give details of any health care provision reasonably required by the learning difficulties or disabilities which result in your child/young person having SEN.

 Section H: should include information on any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN.

Section I –  Should give the name of the school or other institution to be attended by the child or young person, and the type of that institution (or just the type if no specific institution is named). This must be the nearest suitable school and can be appealed.

Section J:  should give details of any direct payment that will be made. If you have requested a personal budget, details of this should be included in this section of the plan. You can find out more about personal budgets here.

Section K: should include details of all the advice reports and information obtained as part of the EHC needs assessment or the annual review process.

You can find out more about what should be in the different sections of an EHC plan through the link below.

EHC PLAN CHECKLIST (ipsea.org.uk)

Young people with EHCP’s may need longer in education or training to achieve their outcomes and make an effective transition into adulthood.

At the age of 19, it isn’t automatic that a plan will continue. North Yorkshire Council will consider whether they think it is still necessary and should look at the four outcomes of preparing for adulthood. These are:

1. moving into paid employment and higher education
2. independent living
3. having friends and relationships and being part of their communities
4. being as healthy as possible

If a plan is continued beyond age 19, it must be reviewed at least annually and must contain outcomes which should enable the young person to complete their education and training successfully and move on to the next stage of their lives.   

This happens at different stages for individuals, so not all plans will need to remain in place until age 25. A plan can remain in place until the end of the academic year in which the young person turns 25 if needed.    

When a young person’s EHCP is due to come to an end, North Yorkshire Council should put effective plans in place for the support the young person will need to receive across adult services. The LA should ensure that reviews of EHCP’s and care and support plans are fully joined up for young people who will have both. This is so young people do not have to attend multiple reviews, held by different services, provide duplicate information, or receive support that is not joined up and co-ordinated.     

For more information visit our preparation for adulthood section.

If your child has an EHC plan and you move to live in a different local authority area there are legal processes that must be followed.

Parent/Carer

• You may want to inform your current or home local authority that you intend to move area. The local authority where you currently live must transfer the EHCP to the new local authority on the day you move or within 15 working days of the new LA becoming aware of the move, if later. Letting them know beforehand will allow your current local authority to prepare for the transfer of the EHC plan.
• Contact the SEN team in your current area and give them your new address and the date you intend to move.

Current local authority

• The current local authority must transfer the EHCP and the opinion it has reached under the Disabled Persons Act 1986 on whether they consider your child is disabled. If your child/young person does not have an EHC Plan but a statutory assessment is in progress the local authority must transfer all the information and advice it has received in relation to the assessment and the assessment request to the new authority.

New local authority

• The new authority becomes responsible for maintaining your child’s EHC Plan and for the special educational provision specified in it once the plan has been transferred. There is an expectation that your child will continue to attend the educational institution named in the EHCP but where this would not be practical, for instance, the distance to the school being too far, the new authority must place your child temporarily at an appropriate educational institution.
• The new authority may:
  • bring forward the arrangements for the review of the EHCP
  • conduct a new assessment regardless of when the previous assessment took place.
• The new authority must tell you within 6 weeks of the date of transfer, when they will review the Plan or whether they propose to carry out a new EHC Assessment
• The new local authority must review the plan before one of the deadlines below whichever date is the latest. Either
  • Within 12 months of the Plan being made, or reviewed by the last local authority
  • Within 3 months of it being transferred to the new local authority

EHC needs assessment in progress when you move

• The new authority has to decide whether it needs to carry out an EHC needs assessment using the information provided by the previous authority and notify you of their decision.

Useful resources

Moving to a new local authority | (IPSEA) Independent Provider of Special Education Advice

Changes in circumstances | Contact