As a local charity, DS Achieve focuses on Hertfordshire and the surrounding areas. Hertfordshire County Council has dedicated pages to advise parents on applying for an EHCP in Hertfordshire. They can be found here: Education, health and care plans (EHCP)

Should you apply for an EHCP for your child?

You can ask the Local Authority to carry out an assessment if you think your child has SEND (Special Educational Needs and Disabilities) and needs an EHC Plan.

How do you know if your child has SEND?

A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.

• If your child is under compulsory school age, the Code of Practice (paragraph 9.142) states that “children under compulsory school age are considered to have SEN if they have a learning difficulty or disability which calls for special educational provision to be made and when they reach compulsory school age are likely to have greater difficulty in learning than their peers, or have a disability which prevents or hinders them from making use of the facilities that are generally provided.”

• A child of compulsory school age or a young person has a learning difficulty or disability if he or she:

• has a significantly greater difficulty in learning than the majority of others of the same age, or

• has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions

A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home.

You can find advice and guidance on the Annual Review process on Hertfordshire County Council’s website here: EHCP reviews.

The annual review is the statutory process of looking at the needs, provision and outcomes specified in an EHCP, and deciding whether these need to change. Your child’s EHCP must be reviewed within 12 months of their first EHCP being issued and then within 12 months of each subsequent review.

Please note: If your child is moving to a new phase of education (e.g. primary to secondary school), please also see the Phase Transfers section for additional information.

Throughout the Annual Review process, the Local Authority must have regard to the following:

• the views, wishes and feelings of the child and his/her parent, or the young person

• the importance of the child and his/her parent, or the young person, participating as fully as possible in decisions

• the importance of the child and his/her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions

• the need to support the child and his/her parent, or the young person in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.

• For children in an education setting, the setting must cooperate with the Local Authority and the setting’s SENCo will usually lead the review process.

• A date for an Annual Review meeting must be set within 12 months of the EHCP first being issued or within 12 months of the last review. All professionals working with your child should be given sufficient notice of the meeting date. (Please note, if your child is aged 0-5 years, the EHCP must be reviewed at least every 6 months). The meeting usually takes place at the education setting.

• In advance of the Annual Review meeting, information must be gathered from professionals working with your child regarding progress your child has made, any new targets for the next 12 months and the provision required for the targets to be achieved (sometimes in the form of therapy hours). Professionals must circulate their reports at least two weeks before the meeting.

• Who attends the Annual Review meeting?

  Usually present are:

  • parent(s)

  • representative(s) of the school (usually the SENCo, plus perhaps the class teacher)

  Others who can be invited and/or might attend are:

  • Local Authority representative - called an EHCCo (pronounced ‘echo’) which stands for Education, Health and Care Coordinator

  • Health professionals working with your child (e.g. Speech and Language Therapist, Physiotherapist, Occupational Health Therapist)

  • Social Care professionals, if relevant

  • Other relevant individuals. This is not a mandatory/legal requirement but you can suggest who else you would like to be invited. The Local Authority/setting should comply with any reasonable request.

• The process is intended to be collaborative. Your Local Authority must consult with you (and with the school or setting being attended, if there is one) about the EHCP, and take account of  your views, wishes and feelings.

• The annual review meeting must take place to discuss the EHC plan. Reviews must focus on progress towards achieving the specified outcomes in the EHCP and consider whether they are still appropriate. Discussions should include:

  • Whether needs have changed

  • Whether targets need to be updated

  • If education, health or care provision needs changing

  • A review of any personal budget, if there is one in the EHCP

• After the meeting, the details of the meeting must be written and circulated to those who attended the meeting. This must set out recommendations for any amendments to the EHCP and highlight any conflicting views. The meeting details should be provided to the Local Authority within 15 calendar days of the meeting.

• The Local Authority reviews the EHC plan.

• The Local Authority must notify you of its decision within four weeks of the meeting. This decision can be to:

  • maintain the EHCP and make no changes, or

  • amend the child’s EHCP, or

  • cease the child’s EHCP if they believe the child no longer needs one

• If the Local Authority decide to amend the EHCP, they should start the process without delay.

• If the Local Authority decides to leave the EHCP as it is or cease to maintain it, it must notify you of your right to appeal to the Tribunal, the time limits to appeal (2 months), provide information on mediation and resolution services, provide information and advice on the SEND Tribunal’s power to make recommendations.

Amending an EHCP after an Annual Review meeting

Where the Local Authority decides to amend the EHCP, it must:

• take into account all the evidence it has received through the review and consider how best to achieve the outcomes.

• send you a copy of your child’s current EHCP, with notice of the proposed amendments, along with all the evidence.

• consider any request you make for a preferred school/setting, and advise you where you can find information on settings.

• give you at least 15 days to review the proposed amendments and reply with your feedback, request a particular school (if relevant) and/or request a meeting.

The Local Authority must send the finalised amended EHCP to you, the governing board and commissioning body (Health), as soon as practicable and within 8 weeks of the date it sent you the previous plan and amendment notice. If the Local Authority decides not to make further amendments to the EHCP to include your feedback, it must notify you of this within the same time frame.  Either way, you have a right to appeal to the Tribunal.

• Evidence is key. It’s a good idea to collect as much information as you possibly can. There is no reason why you can’t do this throughout the year rather than leave it until the Annual Review is due.

• The setting should provide evidence on what has been done (and not done) to try and help your child with their difficulties. What has worked and what hasn’t worked?  It’s a good idea to discuss this with the setting and ensure you feel it is thorough. If you disagree with the setting, you may wish to provide alternative views.

• Go through each need (section B) and corresponding piece of provision (section F) in the EHCP to identify what has worked well and perhaps what has not worked so well (or has not been provided).  You can make notes on the EHCP or write a separate list of issues/concerns.

• Consider whether the setting is still appropriate.

• Think about your child’s strengths. Have they changed since the EHCP was originally drafted?

• The setting should provide evidence as part of the process as well. 

As well as those who are invited to the Annual Review meeting (and therefore should provide reports), others can also provide evidence as part of the Annual Review process:

• You, as parents, and also grandparents or other family members and friends if they have care of your child for a significant period of time.

• Other education professionals, for example a Specialist Down Syndrome Advisory Teacher, or a Visual Impairment Advisory Teacher.

• Medical practitioners, such as a GP, a Paediatric Specialist,  or a psychiatrists. 

• Educational Psychologist, Speech and Language Therapist, Physiotherapist, Occupational Therapist (private and/or NHS). If you seek private reports and assessments, make sure the professional who writes the report is able and willing to attend a tribunal hearing, if necessary, as a witness.  Remember to plan ahead for these to ensure you have them in time.

• Social Workers

• Other therapists such as ABA, play/art/music therapist

  Please note: this is not an exhaustive list.

Any advice provided as evidence should be current, i.e. dated within the last 6-12 months.

You may ask the Local Authority to name a specific setting of the following types:

• Maintained nursery school

• Maintained mainstream or special school and any form of academy or free school

• Non-maintained special school

• Further education or 6th form college

• Independent school or specialist college that has been approved under section 41 CFA

  Note: All of the above have a duty to admit, if named in an EHCP.

The Local Authority must comply with your request unless:

• It would be unsuitable for the age, ability, aptitude or SEN of your child, or

• The attendance of your child there would be incompatible with the efficient education of others or the efficient use of resources

  The Local Authority must consult with the setting you have requested but will inevitably consult others too. It must consider their consultation responses very carefully.

If the Local Authority doesn’t name your preferred setting or if you do not request a specific setting, it must name one which is appropriate or specify the type of setting which is appropriate.

You don’t have to ask for a specific setting but if you don’t, there is a presumption in favour of mainstream education.

The LA must specify mainstream provision unless it would be

• against your wishes or

• incompatible with the efficient education of others

Mainstream education cannot be refused on the grounds it is not suitable. To rely on the incompatibility exception, the Local Authority would need to look at settings as a whole and show there are no reasonable steps that can be taken to make your child’s attendance compatible.

• Avoid or explain these words and phrases in an EHCP:

  • Regularly –what does this mean? Once a year or every day? And for how long?

  • Opportunities for – this allows opt out and is not specific

  • Small group – how big is small?

  • Provision by a qualified and experienced… (whoever) – qualified and experienced in what exactly?  This needs to be more specific.

  • Provision to be determined at a later date – the EHCP must include the provision when drafted and should not be left open ended.

• Get started with preparation for your Annual Review as quickly as you can. If you are looking to get private reports, get in touch with private professionals as soon as possible, as they tend to be booked up in advance.

• Paper trails are very important. If you speak to somebody on the phone, follow it up with an email/letter.

• Try and keep your EHCP papers in chronological order.

• Compile an index or list of documents to include with your Annual Review as you go, to limit the risk of forgetting anything

• Keep a copy of everything that you send to the Local Authority. If they do not acknowledge receipt as a matter of course, ask them for an acknowledgement.

• Diarize all relevant dates to keep on top of the relevant parties and chase them when appropriate. Have a to do list.

• Don’t be afraid to chase. S/he who shouts loudest!

• Use numbered bullet points when writing – this makes things easier to read and can keep things more succinct. It also helps with cross referencing and making sure nothing is missed.

• Use a system to help you (e.g. colour-coding, tabs, marking up).

• If there are delays in the process, remind the Local Authority of the timeframe. Things like the summer school holidays can delay the process. 

• Ask for the complaints policy if there are long delays.

• Try hard to work with the Local Authority; a difficult relationship will not help things move forward. 

• Ask the professionals working with your child to be as specific as possible on needs and provision. They should quantify provision as far as they possibly can in terms of who should give it (including experience and qualifications), how often, for how long, and whether it should be delivered individually or in groups (what size), for example. 

• If you are not happy with decision making, ask for policies / terms of reference / guidance notes etc which are given to panels and officers to help them in making their decisions, to see whether they have complied with their own policies and indeed whether they are legal.