EHC needs assessments and the contents of EHC plans
Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel

The following Local Government practice note produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel provides comprehensive and up to date legal information covering:

  • EHC needs assessments and the contents of EHC plans
  • EHC needs assessments and the contents of EHC plans
  • What must an EHC plan contain?
  • Persons the LA must seek advice from as part of an EHC assessment
  • Timescales for an EHC assessment
  • Securing co-operation from other agencies
  • Pitfalls to avoid when drafting EHC plans
  • Section A
  • Section B
  • Section E
  • More...

EHC needs assessments and the contents of EHC plans

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

EHC needs assessments and the contents of EHC plans

The primary legislation around Education, Health and Care Plans (EHC plans) is the Children and Families Act 2014 (CFA 2014).

CFA 2014, s 36–51 address EHC assessments and EHC plans. These sections of the legislation are supplemented by :

  1. the Special Educational Needs and Disability Code of Practice 2015 (COP), Ch 9

  2. the Special Educational Needs and Disability Regulations 2014, SI 2014/1530, and

  3. case law since 2014, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP and the interplay between them

This Practice Note focuses on the rules for EHC needs assessments and the format and content of EHC plans. For more on who may request an EHC assessment and the factors which local authorities (LAs) must consider in deciding whether

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