Applying for an Education, Health and Care Plan (EHCP) can feel overwhelming for many parents, but understanding the process can make it much easier. This detailed guide explains the steps you need to take, the evidence you need to gather, and how to advocate effectively for your child.
Whether you are wondering “Can you get an EHCP without a diagnosis?” or asking, “What can EHCP funding be used for?”, this blog has you covered.
What is an EHCP?
An EHCP is a legal document that outlines the educational, health, and social care support a child or young person with special educational needs (SEN) requires. It ensures that local authorities and schools provide the necessary support, and it’s tailored specifically to the child’s needs.
EHCPs replace the old Statements of SEN and Learning Difficulty Assessments in England and are available for children and young people up to the age of 25.
Can You Get an EHCP Without a Diagnosis?
The short answer is yes. A formal diagnosis is not a requirement for obtaining an EHCP. The key factor is whether your child has special educational needs that require additional or different support than what is typically available in a mainstream setting. However, it is beneficial to have a diagnosis where possible as this will make it less likely for the Local Authority to resist an EHCP being put in place.
For instance, a child may struggle with social interaction, executive functioning, or communication, even without a formal diagnosis. If these difficulties impact their learning, they may still qualify for an EHCP.
The focus of the EHCP process is on identifying the needs of the child and putting in place the support necessary to meet those needs, regardless of whether a diagnosis exists.
The Criteria for an EHCP Assessment
Under the Children and Families Act 2014, local authorities must carry out an EHC needs assessment if:
- The child or young person has or may have special educational needs.
- It may be necessary for special educational provision to be made for the child or young person via an EHCP.
This legal test sets a relatively low threshold, meaning it is sufficient to show that your child may have SEN and may require special educational provision.
Steps to Apply for an EHCP
1. Speak to Your Child’s School
Start by discussing your concerns with your child’s teacher and the school’s Special Educational Needs Co-ordinator (SENCO). Explain why you believe your child needs an EHCP, such as:
- SEN support is not meeting their needs.
- They are not making expected progress.
- They are struggling with social or emotional aspects of school life.
The school should work with you to decide whether to apply for an EHC needs assessment. However, even if the school is not supportive, you can still apply directly to your local authority.
2. Apply Directly to Your Local Authority
If the school is not supportive or you prefer to apply independently, you can write to the SEN team at your local authority to request an EHC needs assessment. You could you this template letter from IPSEA as a guide.
You could include the following information:
- A clear explanation of your child’s needs and how they impact their education.
- Evidence such as professional reports, school reports, letters from health professionals, or notes from meetings.
- Examples of how current SEN support is insufficient to meet your child’s needs.
3. Gather Supporting Evidence
To strengthen your case, collect as much evidence as possible, such as:
- School reports detailing lack of progress.
- Letters or assessments from professionals (e.g., speech and language therapists, occupational therapists, or educational psychologists).
- Notes from SEN review meetings.
- Medical or diagnostic reports, if available.
4. Understand Your Local Authority’s Obligations
Once you submit your request, the local authority has six weeks to decide whether to carry out an EHC needs assessment. If they agree, the assessment process must be completed within 20 weeks.
If your local authority refuses to assess, you can appeal this decision through the Special Educational Needs and Disability (SEND) Tribunal.
What Happens in an EHC Needs Assessment?
An EHC needs assessment involves gathering detailed information about your child’s needs from professionals such as:
- Educational psychologists.
- Doctors and health professionals.
- Teachers and SENCOs.
- Social workers (if relevant).
Your child’s views should also be included in the assessment process.
What Can EHCP Funding Be Used For?
EHCP funding provides resources and support tailored to your child’s needs. Examples include:
- Speech and language therapy.
- Occupational therapy.
- Specialist teaching support.
- Equipment such as laptops with voice control software.
- Emotional learning support assistants.
- Cognitive behavioural therapy (CBT).
- Placement within a specialist school.
The provision outlined in Section F of the EHCP must be specified, quantified, and legally binding. This ensures that the support is delivered consistently and effectively.
Creating and Reviewing the EHCP
Draft EHCP
If the local authority agrees to issue an EHCP, they will prepare a draft plan for you to review. You will have at least 15 days to provide feedback, suggest amendments, or request a meeting.
Final EHCP
Once finalised, the EHCP is a legally binding document, and the local authority is responsible for ensuring the support is provided. If you disagree with the content of the plan or the school named, you can appeal.
Annual Reviews
EHCPs must be formally reviewed at least once a year. This is an opportunity to:
- Assess your child’s progress.
- Make adjustments to the plan if needed.
- Raise concerns about unmet needs.
You can also request an early review if circumstances change significantly.
Delays and What to Do
By law, local authorities must complete the EHCP process within 20 weeks. If there are delays:
- Contact your local Special Educational Needs and Disabilities Information Advice and Support Services (SENDIASS).
- Write to your local authority to request an explanation for the delay.
- If necessary, lodge a formal complaint or seek legal advice.
Appealing a Decision
If your local authority refuses to assess or issue an EHCP, you have the right to appeal. The process involves:
- Considering mediation, which is often required before lodging an appeal.
- Filing an appeal with the SEND Tribunal.
- Presenting your evidence to demonstrate why an EHCP is necessary for your child.
Personal Budgets and EHCPs
A personal budget allows you to have more control over how the funding in your child’s EHCP is spent. Options include:
- Direct payments to purchase and manage services yourself.
- Arrangements where the local authority holds the money but you decide how it is spent.
- Third-party arrangements where someone else manages the money for you.
You can use personal budgets for therapies, specialist equipment, or other provisions specified in the EHCP.
Support for Parents
The EHCP process can be challenging, so it’s essential to look after your mental health. Here are some resources that may help:
- IPSEA Advice Line for free legal advice.
- Parent support groups in your local area.
- Your local SENDIAS for guidance and advocacy.
Key Takeaways
- You can apply for an EHCP without a diagnosis. The focus is on your child’s needs, not a formal label.
- Collect as much evidence as possible to support your application.
- Understand your local authority’s legal obligations and timelines.
- EHCP funding can be used for therapies, specialist teaching, and equipment tailored to your child’s needs.
- If your application is refused, you have the right to appeal.
By understanding the process and knowing your rights, you can ensure that your child receives the support they need to thrive.