The previous law, which applied to Statements, was the Education Act (“EA”) 1996. The current law, which created EHC plans, is the Children and Families Act (“CAFA”) 2014.

If your child has special educational needs (SEN) under the EA 1996, they will still have SEN under the CAFA 2014.

As the legal test for issuing an EHC Plan is at least the same, if not wider, than the test for issuing a Statement, decisions not to issue an EHC Plan following transition should only be happening in a minority of cases where the child or young person’s needs have changed. If the LA decides not to issue an EHC Plan following transition, then the decision can be appealed to the SEND Tribunal.

Children and young people with SEN can be supported under the CAFA 2014 from birth to 25 years, as long as they stay in education or training. However, EHC Plans do not apply to higher education (i.e. university). Support under the EA 1996 stopped at 19 or when the child or young person left school.

EHC plans are able to cover health and social care needs as well as educational needs.

The CAFA 2014 also introduced personal budgets and direct payments for educational provision.