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     EHCP Check List

Since the controversial changes in Legislation; the Children and Families Act 2014, Educational budgets have been drastically cut in most counties. All Local Authorities are allowed to devise their own format for an EHCP, this may lead to avoidance or removal of support from some of our most vulnerable children. There is very little accountability for Local Authority officers who do not follow the Legislation. Training is often poor and bias towards prioritising economy over duty of care. We feel that these are major contributors to manipulation of the document in attempts to avoid provision. There are certain legal parameters and guidelines which MUST be followed - Please refer to the SEN Code of Practice 2015 guidance from Section 9:62 onwards. Do NOT assume that this will be done correctly!

Please use our guide below to check the general content and format. We offer an individual, EHCP report service which will point out faults in more detail, or we can assist by writing the full parental, proposed EHCP for you - using all available documented assessments and evidence.


Follow stages below to check your EHCP



Make sure that EVERY section AND subsection below is included.


Section A: The views, interests and aspirations of the child/young person and their parents – in their own words or quoted. Professional comments/opinions regarding needs and provision must not be written here but can be moved from here to the correct section in appeal or by agreement.
There is NO LEGAL OBLIGATION to provide anything written in this section. This section CANNOT be part of a SEND Appeal, but may be updated by agreement during appeal.

Section B: SPECIAL EDUCATIONAL NEEDS.
‘4’ Subheadings must be included (unless irrelevant to the child):
This Section CAN be the subject of a SEND Tribunal Appeal.

• Communication and Interaction
• Cognition and Learning
• Social, Emotional and Mental Health
• Sensory and Physical

The ‘5th Subheading’

• Self-help, Independence and transitions (below year 9) OR ‘Preparation for Adulthood’ (Year 9 and above)

N.B. legislation currently specifies this heading in section F from year 9, but not in section B; however this is good practice and hopefully this fault in law will be corrected in due course. All special educational needs must still be identified in Section B, even if they are written under one of the other headings above.

Details of this area of needs may include;-

• Self-help and Independence: self-advocacy and progress towards employment and/or higher education, independent living, good health and participating in the community.
• Transitions: between changes of task, routine, life stages and settings.
• Preparation for Adulthood:
• higher education and/or employment – including exploring different employment options, such as support for becoming self-employed and help from supported employment agencies
• independent living – enabling people to have choice and control over their lives and the support they receive, their accommodation and living arrangements, including supported living
• participating in society – including having friends and supportive relationships, and participating in, and contributing to, the local community
• being as healthy as possible in adult life
Section C: The child or young person’s health needs. This should not include any provision or health needs which affect ‘access’ to Education - move these to sections B (needs) & F (provision) for appeal.
This section is not specifically part of a SEND Tribunal Appeal; however, you may ask the Tribunal to ‘make recommendations’ as part of the National Trial.
If the Local Authority refuses to follow recommendations, or you have difficulty with this support there may be the opportunity for Judicial Review under separate Legal action.

Section D: The child or young person’s social care needs. This should not include social care provision or needs which affect ‘access’ to Education - move these to sections B (needs) & F (provision) for appeal.
This section is not specifically part of a SEND Tribunal Appeal; however, you may ask the Tribunal to ‘make recommendations’ as part of the National Trial.
If the Local Authority refuses to follow recommendations, or you have difficulty with this support there may be the opportunity for Judicial Review under separate Legal action.

Section E: The ‘outcomes’ sought for the child or the young person. The EHCP should identify the arrangements for setting shorter term / medium term and long term targets by the early year’s provider, school, college or other education or training provider.
The EHCP ‘reforms’ of 2014 claim to be ‘Outcomes’ based; and although this Section is not specifically the subject of a SEND Tribunal Appeal, in any appeal where you seek amendments to special educational needs or provision – you should also ask the Tribunal to make ‘consequential amendments’ to Section E (outcomes).
This is stronger than simply asking the Tribunal to ‘make recommendations’, and decisions regarding section E must be followed by the local authority.

Although the ‘reforms’ claim to be Outcomes based, this Section CANNOT be the subject of a SEND Tribunal Appeal. This means that this section should be agreed before appeal - via Mediation if necessary. We have concerns that this ‘Loophole’ may mean that provision is removed at a later review if Outcomes are too short-term and achieved within the Annual Review period.

• Outcomes must still include all subsections described above (unless irrelevant to Needs).
• Section E should include all monitoring and review details; however if any of this is individually relevant it must be written into section F – provision.
• Section E may state that short term ‘targets’ may be held by the school and reviewed or amended by them. Please be aware that ‘Targets’ are aims not Outcomes. Short term-outcomes are the expected result of the EHCP provision and must be written into section E.
THE MOST IMPORTANT SECTION
Section F: SPECIAL EDUCATIONAL PROVISION
‘5’ Subsections MUST all be included (unless irrelevant to the child):
• Communication and Interaction
• Cognition and Learning
• Social, Emotional and Mental Health
• Sensory and Physical
• Self-help and Independence / Transitions OR ‘Preparation for Adulthood’ N.B. – from Year 9 this sub-heading is a legal requirement!

Section G: Health care provision. This should not include any health care provision which affects ‘access’ to Education - move these to sections B & F for appeal. This section CANNOT be part of a SEND Appeal. As part of the 'National Trial'  The Tribunal may be asked to make recommendations regarding the content. There may be the opportunity for Judicial Review under separate Legal action if the Local Authority then refuses to include these needs.
Section H1: 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. This should not include any Social care provision which affects ‘access’ to Education - move these to sections B (needs) & F (provision) for appeal.
This section is not specifically part of a SEND Tribunal Appeal; however you may ask the Tribunal to ‘make recommendations’ as part of the National Trial.
If the Local Authority refuses to follow recommendations, or you have difficulty with this support there may be the opportunity for Judicial Review under separate Legal action.

Section H2: Social care provision 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. This should not include any Social care provision which affects ‘access’ to Education - move these to sections B (needs) & F (provision) for appeal.
This section is not specifically part of a SEND Tribunal Appeal; however you may ask the Tribunal to ‘make recommendations’ as part of the National Trial.
If the Local Authority refuses to follow recommendations, or you have difficulty with this support there may be the opportunity for Judicial Review under separate Legal action.

Section I: The name and type of school, maintained nursery school, post-16 institution or other institution, College, bespoke package - or the type of school or other institution to be attended by the child or young person where no such institution is named. It is possible to have this left blank if all provision in section F is provided on an ‘Educational Personal Budget’ – for instance if you are home schooling. EOTAS may also be named here by agreement. If the Local Authority names a school which you do not believe can meet the needs of your child, it will be usually be necessary to produce evidence to show that the L.A. Named school cannot meet the needs in section F – before your preferred school will be considered.

N.B. – The detail and specificity of provision in Section F will dictate the type of school funded.
The wording in this Section CAN be the subject of a SEND Tribunal Appeal.
Section J: Personal budget. The details of how the personal budget will support particular outcomes, the provision it will be used for including any flexibility in its usage and the details of any agreement for a direct payment for education, health and social care as set out in respective regulations.

N.B. – Section J only accounts for the budget source.
This must be listed under 3 separate headings:-
• ‘Educational’ personal budget - Please ensure that ALL items are also clearly detailed in Section F (special educational provision) This will protect the provision under the Tribunal appeal system and the legislation regarding EHCP’s from the DFE. If it is not specified in section F – the only protection is judicial review.
• Health personal budget – under this heading support is only enforceable by judicial review
• Social care personal budget - under this heading support is only enforceable by judicial review.
This section CANNOT be part of a SEND Appeal. There may be the opportunity for Judicial Review under separate Legal action.

Section K: The advice and information gathered during the EHCP assessment (attached in appendices). There should be a list of ALL advice (Reports, assessments and written evidence) USED AND ACCEPTED Throughout the EHCP.


Educational Equality can provide a report on the legality and appropriate content of the EHCP, we can re-write your parental proposed version using current reports and evidence.
We can provide full support throughout appeal, preparing the documentation and providing advice on strategy - with representation at hearing.

Please contact us via: enquirieseducationalequality@hotmail.com