An Education, Health and Care Plan (EHCP) is an important legal document for a child that has SEND (Special Educational Needs and Disabilities). It will highlight and authorise the specific, individual needs of a young person and what support the child needs from their local authority.
The EHCP acts as an agreement between the local authority and a family, that the child in question will have their needs fully met, with a defined structure, factoring in exact specifications that are essential to help the child achieve the best possible outcome.
There is an upward trend regarding the number of children requiring EHCPs. Public sector information website, GOV.UK stated in January 2024 that the number of children with EHCPs was “up by 11.4% from 2023. The number of EHC plans has increased each year since their introduction in 2014.”
As the acronym “EHCP” becomes increasingly familiar in households across the country, it is important to understand the steps involved in the process after an application, particularly if a LA (Local Authority) refuse to grant an ECHP. How should a parent move forward? What can they do once they have received a letter, refusing their application for an EHCP?
What if My Child is Refused an EHCP?
If this occurs, parents can feel an overwhelming sense of disappointment and anxiety, but there are steps that can be taken to move the situation forward. Once a plan of action is in place, the situation can feel much more manageable.
SEND Tutor Chloe, who works across Kent, advises, “Ensure that you keep the letter issuing the refusal of your child’s EHCP; it will contain the information you need to make an appeal. Contact your child’s school to make sure they also have the letter, and that they have filed it correctly with your child’s documents.”
A LA (Local Authority) may not give a parent a reason why an EHCP was refused. However, a school’s SENDCO will be informed, or will be able to find out more.
The best approach to dealing with an EHCP refusal is to think of it in stages, rather than view it as a huge cloud hanging above.
The first stage is to familiarise yourself with the contents of the letter received from the LA. There is a timescale on the document that states by when an appeal needs to be instigated, usually within two months of receipt. However, a parent will be offered mediation between the LA/SENDCO/parent. This would be the next stage of the process to consider.
Mediation presents an opportunity to restate your case and disagree with anything you feel is unjust about the LA’s decision.
Chloe advises, “It is important to be prepared for mediation. If possible, try to take your child’s SENDCO with you”. Speaking from experience, she continues, “I feel it is essential to go through the mediation process. I have known LAs who have reversed their decision as a result, so it is very important to go. Also, if the opportunity for mediation is declined by a parent, it could be questioned why, at a later stage in the process.”
When preparing for the mediation stage, try to be highly organised with all documents, and be clear about the case that you wish to present. Another great support can be SENDIASS (Special Educational Needs Disabilities Information Advice and Support Service) which exist in every LA. They can give free advice as you prepare for mediation.
After mediation, if the decision to refuse an EHCP is upheld, there are two options to consider; a re-application for the EHCP in a few months, or deciding to apply for a tribunal. How to do this will be explained within the letter from the LA.
Contemplating these two options depends on whether the LA refused to complete the initial assessment for the child’s EHCP. If a parent is in this situation, professional assistance is highly recommended to help iron out questions that will arise when deciding what to do. SENDIASS or a school’s SENDCO can be approached again at this point for help.
If you decide to re-apply, plan and organise this step by ensuring that you:
- Update your documents/evidence
- Update independent assessments if needed
- Take advice from SEND, SENDIASS or a solicitor
- Stress the impact of your child’s SEND on every area of their life: education, interaction and health
- Be resilient, patient and composed when liaising with experts about your child
If a tribunal is the decided route, it can be helpful to take legal advice. Chloe explains, “it is better to have legal advice as you prepare and present your case, who is not your SENDCO, but someone who is aware of legal implications.”
Sometimes people represent themselves, which they are perfectly entitled to do. However, it can be a weight lifted to have someone to lean on who is knowledgeable about all the related legalities during the process.
Documents, meetings and calls will be a part of the journey. It is essential keep a paper trail of all progress made of your post ECHP timeline. This will include:
- Educational assessments
- Medical reports
- Statements/letters from teachers, parents, or other professionals
- Specific examples outlining your child’s challenges either in school and/or other settings
In advance of the tribunal hearing, practise putting your case forward and take advice to ensure you fully understand the tribunal process. This is especially important if you are representing yourself.
Remaining positive may seem difficult sometimes, but believe in your case. As you gather more knowledge you will become more well-informed, as well as more aware of your rights. The learning curve will enable you to strengthen in mind and confidence as your child’s representative.
Chloe offers a final thought to help maintain morale throughout. She adds, “Don’t panic; have hope and don’t give up.”
Please note: The information provided within this blog, by SENsational Tutors, is for general information purposes only. We appreciate that every person is unique and any advice/experiences mentioned within the content of each blog may not be reflective of your own personal experience. All information on the site is provided in good faith and is for educational informational purposes only. It is not a substitute for professional advice. Before taking any actions based upon such information, we encourage you to consult with appropriate professionals.
