EHCP DRAFT CHECK GUIDANCE
HOW TO CHECK A DRAFT EHCP
When you receive yours / your child or young person’s draft EHCP you have 15 days in which to do the following…
- Make comments about the draft EHCP.
- Request a co-production meeting with the LA to discuss the draft.
- Request that a particular school or other institution is named in the final EHCP.
It is important to know that Sections B, F & I in an EHCP are legally binding.
An EHCP can be long and complicated; they MUST contain certain sections and MUST be lawful.
“EHC plans should also be “clear, concise, understandable, and accessible to parents, children, young people, providers and practitioners.”
(Paragraph 9.61 of the Code).

Check that all reports are listed in Section K of the EHCP.
This will be the advice and information gathered during the EHC needs assessment.
- Child / Young Persons views
- Parent views
- Educational Advice
- Medical Advice
- Educational Psychologist Advice
- Social Care Advice
- Health Care Advice - this could be Speech and Language, Occupational Therapy, Physiotherapy etc
- Advice and information from any other person the LA thinks appropriate
- Advice and information from any person the child's parent or young person reasonably requests that the LA seeks from them.
If you have an amended draft following an Annual Review
This will be the advice and information gathered during the Annual Review process.
- Child / Young Persons views
- Parent views
- Educational Advice
- Medical Advice
- Any further information / advice from other professionals working with your child / young person
- Any updated health advice
A GOOD EHCP WILL:
⇒Be legally compliant and meets requirements
⇒Set out a holistic picture of the child/ young person
⇒Have a clear golden thread between needs, outcomes and provision
⇒Be written in a clear and accessible way
WHAT SECTIONS SHOULD AN EHCP HAVE?
SECTION A
SECTION A: The views, interests and aspirations of the child / young person and their parents.
There is no wrong or right way for this section, each child / young person is unique, and all our views, interests and aspirations are personal to each child / young person and their family.
- Aspirations MUST come from the child / young person themselves and not what others think is best for them.
- Are the views, interests and aspirations clearly reflected as given by the child / young person?
- Is this a clear refection of your child / young person and family, does it show clearly views and interests, does it describe these in a way that is easily understood?
- Details about the child or young person’s aspirations and goals for the future (but not details of outcomes to be achieved – see section above on outcomes for guidance). When agreeing the aspirations, consideration should be given to the child or young person’s aspirations for paid employment, independent living, and community participation.
- Details about play, health, schooling, independence, friendships, further education, and future plans including employment (where practical)
- A summary of how to communicate with the child or young person and engage them in decision-making.
- The child or young person’s history
- If written in the first person, the plan should make clear whether the child or young person is being quoted directly, or if the views of parents or professionals are being represented.
SECTION B
SECTION B -Special Educational Needs (SEN)
The special educational provision described in Section F must directly link to the needs described in this section. It is a legal requirement to list all identified needs.
It is best practice to briefly describe the impact the needs are having on a child/ young person, to maintain the golden thread between need, provision, and outcomes.
If there are no needs in this category, it should state ‘Child/ Young person has no identified special educational needs in this area.’
All identified Special Educational Needs (SEN) must be specified.
- Social, emotional, and mental health difficulties
- Communication and Interaction
- Cognitive and learning
- Sensory and / or physical needs
For Year 9 onwards -it changes to…
- Community Inclusion / Participation in Society (Communication and Interaction)
- Education, Training and Employment (Cognition and Learning)
- Health/Healthy Living (Sensory and Physical)
- Independent Living (Social, Emotional and Mental Health difficulties)
The law says a child or young person’s education, health and care (EHC) plan must specify their special educational needs (SEN).
This is set out in section 37(2)(a) of the Children and Families Act (CFA) 2014 and Regulation 12(1)(b) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014).
It is especially important to make sure Section B contains all of your child’s SEN.
If some needs are missing from section B, or are not described correctly, this could result in your child not receiving the provision they require for their needs.
SECTION C
SECTION C – HEALTH NEEDS
What (if any) health needs have been identified which relate to SEN?
Diagnosis (if any) Medication, Speech and language, diet, physiotherapy, occupational therapy, any other medical needs.
There needs to evidence of health needs that are related to SEND, and the reports need to be listed in Section K.
A health professional is defined as someone regulated by a relevant health professional regulator. They can work for a community provider, acute trust, or a mental health trust, in paediatrics or adult services. Securing good quality health advice for EHCP's
SECTION D
SECTION D – SOCIAL CARE NEEDS
What (If any) Social care needs are related to their SEN or disability?
Is there social care involvement? Is there an Early Help Assessment (EHA) in place? Are there needs identified in the EHA that relate to SEN?
Have you been invited or referred for a Child in Need (CIN) assessment, under Section 17 of the children’s and disability Act 1989.
(A ‘child in need 'assessment under section 17 will identify the needs of the child and ensure that the family are given the appropriate support in enabling them to safeguard and promote the child’s welfare.)
SECTION E
SECTION E - OUTCOMES
Paragraph 9.66 of the SEND Code of Practice describes an outcome as the benefit or difference made to an individual as a result of an intervention.
It is a clear goal which is stretching but achievable, which is underpinned by the provision linked to it. It should be personal and not expressed from a service perspective; and it should be specific, measurable, achievable, realistic and time bound (SMART). It is important that outcomes are written in ways that enable: · progress to be monitored · outcomes to be evaluated · decisions about future needs and provision to be made.
Outcomes sought will be based on achievement (education, employment), independence, participating in society (e.g. friendships, hobbies), being as healthy as possible in adulthood.
Are the outcomes SMART? (Specific Measurable, Accurate, Realistic, Time scaled)
- Do they reflect the child / YP’s aspirations?
- Is there anything your child or young person would like to achieve through their outcomes?
- Does your child / young person understand them? (If applicable)
- Do they relate clearly to provision as specified in SECTION F?
EHCP’s must specify the outcomes sought for the child or young person. They should be focused on education and training, health and care outcomes that will enable children and young people to progress in their learning and, as they get older, to be well prepared for adulthood. EHC plans can also include wider outcomes such as positive social relationships and emotional resilience and stability.
Outcomes should always enable children and young people to move towards the long-term aspirations of employment or higher education, independent living, and community participation.
SECTION F
SECTION F – Special Educational Provision (SEP)
Must be specified for each and every need specified in Section B.
It should be clear how the provision will support achievement of the outcomes.
Support required · Who will provide it (qualification/required level of expertise) ·
Staff/student ratio (e.g. 6:1 groupwork, or 2:1 support, 1:1 etc)
How often – daily, weekly, termly · How long for each time – hours should usually be specified.
Therapy provision that educates or trains is placed in Section F.
PROVISIONS MUST BE SPECIFIC and where required QUANTIFIED.
We do not want to see “weasel words” in section F of an EHCP.
These kinds of comments are vague and are impossible to enforce.
The list below are some examples of words / comments that should not be in an EHCP...
- Will benefit from
- Will consider
- An adult
- Should
- Access to
- Opportunities for
- Regular support
- To be arranged by school
- As timetabled by school
Specific: Provision within Section F must be so specific and clear to ensure that there is no confusion to who is doing what, when and how.
Quantified: Frequency, duration, when, how long, how often.
However, some flexibility may be required but this MUST be to meet the needs of the child or young person.
Provision MUST be needs led, not by the provision / resources that are available to the education setting.
The Local Authority MUST ENSURE that provision is made, however they are only legally required to secure the provision set out in section F, so it MUST be clear and not in the wrong section or the child or young person may not receive the special education provision they require.
SECTION G
SECTION G – HEALTH PROVISION
Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN. Is there an Individual health care plan, is this included?
For example, paediatrician appointments, medication reviews, ongoing therapy or support, further assessments etc.
SECTION H
SECTION H – SOCIAL CARE PROVISION
What (If any) Social care provisions are required to meet needs relating to SEN as specified in Section D?
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 I
SECTION I – EDUCATION SETTING
“The name and type of school, maintained nursery school, post -16 institution or other institution, or the type of school or other institution to be attended where no such institution is named.”
THIS WILL BE LEFT BLANK UNTIL THE EHCP IS FINALISED.
If a school, college, or other setting is named in Section I, then it MUST admit the child or young person for whom the EHCP is maintained (this duty applies to almost all schools and other settings).
THE FINAL DECISION IS WITH THE LOCAL AUTHORITY TO NAME THE EDUCATION SETTING.
When you respond to the Local Authority, to let them know your thoughts on the draft EHCP, this is when you also let them know the preferred school / college you or your child / young person wishes to attend.
SECTION J
SECTION J – PERSONAL BUDGET / DIRECT PAYMENTS
Has a personal budget been requested to secure provision, are all the details, correct? This section will show how the personal budget will be used.
Where there is a 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 arrangements for any direct payments for education, health, and social care.
The special educational needs and outcomes that are to be met by any direct payment must be specified.
SECTION K
SECTION K - APPENDICES
Copies of all the advice and information gathered from professionals during the EHCNA or the Annual Review process that have been used to write the EHCP.
Are the reports up to date?
Are they accurate and clearly written into the plan?
If there are significant amendments requested, you are legally entitled to request a co-production meeting.
