EHC needs assessments and the contents of EHC plans

Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel

Practice notes

EHC needs assessments and the contents of EHC plans

Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel

Practice notes

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 needs assessments and EHC plans. These sections of the legislation are supplemented by:

•
the Special Educational Needs and Disability Code of Practice (COP), Ch 9
•
the Special Educational Needs and Disability Regulations 2014, SI 2014/1530, and
•
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 an EHC assessment is necessary, see Practice Note: When must a local authority carry out an EHC needs assessment?

For further reading on issues pertaining to

Hannah Lynch

St Pauls Chambers

Hannah is a barrister specialising in Education, Special Educational Needs and Local Government law. Hannah advises and represents local authorities schools, families and young people in cases before the First-Tier Tribunal (SEND) and Upper Tribunal; and in judicial review proceedings. Hannah writes for various publications on Education law issues; and was a speaker at the 2017 Jordans SEN conference.

Laxmi Patel

Partner and Head of Education

Laxmi Patel is partner and Head of Education and Boyes Turner LLP. She specialises in advising individuals on their children’s special educational needs and statutory requirements under the Children and Families Act 2014. She has particular expertise in relation to Education, Health and Care Plans (EHCPs) including appealing to the Special Education Needs and Disability Tribunal against the: Refusal to conduct an EHC needs assessment; refusal to issue an EHCP following an assessment; the content of educational provision in an EHCP; the named placement in an EHCP; and a decision to cease to maintain an EHCP. Laxmi regularly represents parents in SEND Tribunal hearings.

Laxmi is a regular commentator in the media and Special Educational Needs forums, providing legal advice and training to parent groups, solicitors in other practice areas, education professionals, charities, schools and colleges. She has spoken national conferences for various groups including APIL and BABICM.

She is on the committee of the Education Law Association.

Jurisdiction(s):

United Kingdom

Key definition:

Plans definition

What does Plans mean?

Means all the plans, drawings, models, specifications, reports, design documents and any other materials provided by the Licensor for the purposes of the Project

EHC needs assessments and the contents of EHC plans

Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel

EHC needs assessments and the contents of EHC plans

Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel