Section F of the draft EHC plan does not detail any of the special educational provision our son needs.

You are right in thinking that the special educational provision must be specified in Section F of the education, health and care (“EHC”) plan. There must be provision to match each and every one of his special educational needs (“SEN”) which should all be identified in Section B. When a local authority (“LA”) makes an EHC plan for a child or young person, it is in recognition that the school cannot make the special educational provision required and it is up to the LA, not the school, to specify and then secure the special educational provision.

See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out.

You will have at least 15 days in which to write to the LA and make written representations to them about the contents of the EHC Plan and/or ask for a meeting. It is important to do this.

Before making your views known you should read through all of the professional advice which you will have received along with the draft EHC plan. There could be specific recommendations about the type and frequency of special educational provision your son requires which must be specified in Section F.

In your written representations and/or at your meeting with the LA, ask that the draft EHC plan is amended in order to specify all of the special educational provision your son requires. Remind the LA officer that in law Section F of the EHC Plan must specify all of the special educational provision, regardless of who is delivering it.

If you are unable to persuade the LA at the draft EHC plan stage to properly specify all of the provision that is needed then you will need to appeal to the First-tier Tribunal (Special Educational Needs and Disability) when the EHC plan is finalised. The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest.

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My child is in Year 5. The deadline for the next annual review of my child’s EHC plan is 15 April. When my child starts year 6, what effect will the phase transfer review have on the deadline for when the next review needs to be completed by?

We want occupational therapy moved into Section F of our son’s education, health and care plan.

Section B lists fine motor skills and sensory difficulties as some of his special educational needs, but occupational therapy is written in Section G as ‘health care provision’. We do not believe this is right but what else can we do? We had a meeting with the LA when the EHC plan was at the draft stage but it said it is a service provided by the NHS and it is out of the LA's hands.
The EHC plan has been finalised and we still disagree with the description of our son's needs in Section B and the lack of appropriate provision in Section F of the final EHC Plan.

The provision in Section F is really vague and there is an appendix to the EHC Plan titled ‘steps to achieving outcomes’ which lists all the special educational provision.
The LA agreed to do an EHC needs assessment but now it is complete we’ve received a letter saying the LA is going to make a ‘My Plan’ for our daughter.

This looks like a EHC plan but the information accompanying it says it is ‘non-statutory’. What does this mean? Does our daughter have an EHC plan?
We have the draft EHC plan, and there is a therapy we would like to have included in section F. Can a particular therapy be included in an EHC plan if it is not available from the local health service?
We had always wanted our son to go to the local primary school along with his sisters. Our son has attention deficit disorder and he is a very slow learner. He has been assessed by the LA and we have just received the draft EHC plan

with the professional advice. We are very concerned about the advice from the educational psychologist. When we spoke to him, he told us that he thought that our son was going to need more specialist teaching support than theLA would probably be prepared to give him in a mainstream school. We’ve combed through his report and he says nothing at all about the amount of help he thinks our son needs. Does this mean he’s changed his mind, or has he been ‘leaned on’?
We have just received our daughter’s draft EHC plan and we are not happy with the way her needs have been described in Section B.

All it says is that she is a friendly and playful little girl (which we already knew) with ‘a general delay with her learning’. In fact she has a specific problem with reading and writing. In other areas her development is fine. What can we do?
The LA has agreed to an EHC needs assessment but when we asked for it to approach Child and Adolescent Mental Health Services for advice it said no because there is a really long waiting list.

Our son is suffering with anxiety and we don’t know what else we can do. What rights do we have?
Is Covid-19 still affecting the EHC needs assessment process?
We want to make a request for an EHC needs assessment for our child. They go to a school in a different LA. To which LA should we make the request – our home LA or the LA of the school?
Can a child who is below compulsory school age have an EHC needs assessment?

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