Learn More: Special Education

The information surrounding Special Educational Needs and Disabilities (SEND) and the provision of Education and Health Care Plans (EHCP) is extensive, which can make it easy to feel overwhelmed. While it’s beneficial that this area of education is comprehensive—ensuring that children with SEND receive the necessary support—it can also pose challenges in finding specific information. This page aims to provide only an overview of SEND and the EHCP process. We encourage Romany Gypsy, Roma, and Irish Traveller parents and families to seek one-to-one advice on SEND topics to ensure that the vast amount of detail within this subject is fully understood. 

This page contains information solely about SEND and EHCP provision. If you require further support, please visit the Find Help section.

What sub-section are available on this page?

• • • What are Special Educational Needs?
    • Assessing Special Educational Needs
    • Support Available for SEND
    • What is an EHCP?
    • What Does an EHCP Look Like?
    • Assessment for an EHCP

Special educational needs, often referred to as ‘SEN’ or ‘SEND’ (special educational needs and disabilities), is a term used to describe learning difficulties or disabilities that make it harder for a child to learn compared to their peers of the same age. 

All children may experience challenges with learning at some point, and most difficulties can be overcome with support from teachers and family. However, children with SEND are likely to require extra or different assistance to facilitate their learning. Some children may have SEND due to a medical condition or disability, while others may have SEND without a formal diagnosis. 

It is important to note that children are not considered to have SEND solely because their first language is not English. However, some children for whom English is a second language may also have SEND. 

Examples of SEN include: 

• Emotional and behavioural difficulties (EBD) 
• Autism, including Asperger syndrome 
• Attention Deficit (Hyperactivity) Disorder (ADHD/ADD) 
• Specific learning difficulties, such as dyslexia 
• Obsessive Compulsive Disorder (OCD) 
• Communication difficulties 
• Medical needs, such as epilepsy and cerebral palsy 
• Mobility difficulties 

If your child has SEN, they may require additional support in various areas, such as: 

• Reading, writing, numeracy, or understanding information 
• Expressing themselves or understanding what others are saying 
• Making friends or relating to adults 
• Behaving appropriately in school 
• Organising themselves 
• Sensory or physical needs that may affect their experience in school 

In addition to the recognised special educational needs, SEND also encompasses any child or individual with a legal disability. 

WHAT DOES SEND MEAN?

Many children will experience special educational needs at some point in their lives. The law stipulates that all state schools must do their utmost to ensure that appropriate support is provided for all children with SEN. In most cases, a child’s needs can be met by their mainstream school, sometimes with assistance from outside specialists. 

In certain instances, the local authority may need to assess a child’s educational needs based on expert advice. If the local authority determines that the child requires special assistance, they must create a statement of special educational needs—commonly referred to as ‘a statement.’ This document outlines the child’s needs and the specific support they require. Typically, this support can be provided by the child’s mainstream school in collaboration with the local authority. 

A wide range of actions and provisions can be implemented for pupils with SEND, tailored to their specific needs and what works best for each individual child. 

Examples of support that may be available include: 

• Special learning programmes 
• Additional help from a teacher or learning support assistant 
• Opportunities to work in smaller groups 
• Classroom or break-time observation 
• Assistance in participating in class activities 
• Extra encouragement in their learning (for instance, to ask questions or tackle challenging tasks) 
• Support with communication with peers 
• Help with physical or personal care needs (for example, eating, navigating the school safely, or using the toilet) 

Each school will have its own approach to supporting children with SEND. This may include access to on-site support services, such as Emotional Literacy Support Assistants (ELSAs) and other counselling services. Schools will also facilitate access to CAMHS or other external providers by offering guidance and safe spaces for engagement with these services. 

When a child requires additional support that exceeds what a school, college, or nursery can typically provide within their own budgets or staffing, they may need an Education, Health and Care Plan (EHCP). 

An EHCP is a legally binding document that outlines a child or young person’s special educational, health, and social care needs. This document must detail all of the child’s special educational needs and the corresponding provisions required to meet those needs. Each provision must be specific, detailed, and quantified. The plan designates the school or setting responsible for delivering the provisions, and it is legally enforceable, ultimately through Judicial Review. 

EHCPs are designed for children (ages 0-16), young people (ages 16-19), or adults (ages 19-25) with special educational needs who require support beyond what an educational setting can provide at SEN support. A child with educational needs may also have additional health and social care needs, which can be included in the plan as long as they are related to education. However, it is important to note that an EHCP cannot be established solely for health or social care reasons. 

WHAT IS AN EHCP?

The physical delivery of an Education, Health and Care Plan (EHCP) may vary from one local authority to another, but there are essential similarities and sections that we will outline below: 

• Section A: The views, interests, and aspirations of the child and their parents, or the young person. 
• Section B: The child or young person’s special educational needs (SEN). 
• Section C: The healthcare needs related to their SEN. 
• Section D: The social care needs related to their SEN or a disability. 
• Section E: The outcomes sought for the child or young person. 
• Section F: The special educational provisions required to meet their SEN. 
• Section G: Any healthcare provisions reasonably required due to the learning difficulties or disabilities resulting in the child or young person having SEN. 
• Section H: Social care provisions required by social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required due to the learning difficulties or disabilities resulting in the child or young person having SEN. 
• Section I: The name of the school or institution to be attended by the child or young person, along with the type of institution. 
• Section J: Details of any direct payments that will be made. 
• Section K: Copies of all the advice and information obtained as part of the EHCP needs assessment. 

While this may seem overwhelming, it is crucial to explore each section. 

Section A serves as an overview of the child and is not legally binding. It is intended to benefit the family and the child by creating transparent outcomes for that phase of education. 

Section B must accurately describe each of the child’s special educational needs based on: 

• Cognition and learning ability 
• Communication and interaction skills 
• Social, emotional, and mental health 
• Sensory and physical disabilities 

Section C focuses on healthcare needs, which may include: 

• Physical or mental health difficulties 
• Eating issues 
• Anxiety 
• Epilepsy 

Section D addresses social care needs, such as participation in extracurricular activities. 

Section E synthesises all the information provided and collected, detailing the educational aims that your child should achieve with the additional provisions. This could relate to educational success or the ability to participate fully. 

Section F outlines your child’s support (provision) at school, which must be specific, detailed, and quantified. It is the responsibility of the local authority to ensure that the provisions named in the EHCP are implemented; this is not the school’s responsibility. If you find yourself in a dispute between the school and local authority, consider contacting us for support. You can enforce the EHCP and its provisions through Judicial Review. 

Section G details the healthcare provision requirements, such as equipment or medication. For example, your child may need monitoring software or a specialist wheelchair. 

Section H defines the social care provision for the individual, including pre-arranged short breaks, extracurricular or out-of-school activities, as well as home support for the family. 

Section I names the school, college, or educational facility that your child will attend. During the draft stage, this should be left blank. The final EHCP will name the school, allowing you to choose the school for your child to attend if a change is necessary. A school or educational facility must admit the student if named in this section. 

Section J contains information about the direct payments that will be made to secure the support your child needs. 

Section K will compile copies of all tests, assessments, advice, and reports, including parental reports. 

An EHCP example guide

The allocated Education, Health and Care Plan (EHCP) Coordinator will collate all the necessary information and advice required to complete the assessment. This assessment process should be person-centred, meaning that the local authority’s Special Educational Needs and Disabilities (SEND) service will ensure that the views, wishes, and feelings of the child or young person and their family are included. The child or young person and their family will be asked about their aspirations for the future, the outcomes they wish to achieve, and what support might assist them. 

Advice may also be gathered from: 

• The school or educational setting 
• A specialist teacher (for children and young people with hearing and/or visual impairments) 
• Speech and language therapists and/or other health professionals 
• An Educational Psychologist 
• A Social Worker 
• Anyone else involved with the child or young person 

They may be asked about: 

• The needs of the child or young person 
• The outcomes they hope to achieve 
• The support that will help meet these outcomes 

What if there are existing reports or advice about the child or young person? 

The local authority is not obligated to seek new advice if that type of advice has previously been provided for any purpose; for example, if there is a recent educational psychologist’s report. This exception applies only if the individual providing the advice, the local authority, and the child’s parent or the young person are all satisfied that the existing advice is sufficient. Previous advice can only be deemed sufficient for an EHCP needs assessment if it is relatively up to date and accurately reflects the child or young person’s current needs. As a rough guideline, an educational psychologist’s report that is over two years old will typically not be recent enough to be useful. 

What should the advice contain? 

The advice must be clear, accessible, and specific. It should address the child or young person’s needs, the special educational provision required to meet those needs, and the outcomes that this provision will aim to achieve. 

If any of the advice you receive does not adequately address needs, provision, and outcomes, you should file a complaint with the local authority. This is crucial, as the outcome of the EHCP will directly depend on the quality of the advice and information gathered. 

What role do parents, children, and/or young people play? 

In addition to their responsibilities regarding evidence, the local authority must: 

• Consult with the parent, child, or young person, considering their views, wishes, and feelings. 
• Engage the child and their parent or the young person to ensure their participation in decisions. 
• Minimise disruption for the child, their parent, the young person, and their family. 

How long will this process take? 

Anyone who is asked for information and advice is legally required to respond within six weeks. This duty must be adhered to and cannot be avoided due to long waiting lists or staffing shortages. If a local authority is genuinely unable to obtain one of the necessary pieces of advice within the timeframe, they are expected to secure an independent report in its place. 

The local authority must notify the parent or young person of their decision regarding whether to issue a plan within a maximum of 16 weeks from the request for assessment. 

What will happen when the local authority decides? 

If the local authority decides not to issue an EHCP, it must inform the parent or young person within 16 weeks of the date the request for an assessment was made. The parent or young person can then appeal this decision to the SEND Tribunal, and legal aid may be available depending on the case and the claimant’s income. 

If the local authority decides to issue an EHCP, it will first send out a draft plan for the parent or young person to review and comment on. The final EHCP should then be sent to the parent or young person within 20 weeks from the date the assessment was requested. To meet this deadline, they must send out the draft plan no later than 14 weeks from the date the assessment was requested.