Under Regulation 12 of the Special Educational Needs and Disability Regulations 2014 (the “SEN Regs”), an EHC plan must have the following sections:

  • Section A: the views, interests and aspirations of the child and his parents or the young person;
  • Section B: the child or young person’s special educational needs (“SEN”);
  • Section C: health care needs which relate to their SEN;
  • Section D: social care needs which relate to their SEN or to a disability ;
  • Section E: the outcomes sought for the child or young person;
  • Section F: the special educational provision required to meet their SEN;
  • Section G: any health care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN;
  • Section H: any social care provision required from social services under the Chronically Sick and Disabled Persons Act 1970, and/or reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN;
  • Section I: the name of the school or other institution to be attended by the child or young person, and the type of that institution (or just the type if no specific institution is named);
  • Section J: details of any direct payment which will be made;
  • Section K: copies of all of the advice and information obtained as part of the EHC needs assessment.

SEN Reg 12(3), and paragraph 9.63 of the SEN and Disability Code of Practice (the “Code”), state that where the child or young person is in or beyond Year 9, the EHC plan must also include the provision required by the child or young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.

What are the key things to look for?

The key things to check are that:

  • All of the child or young person’s special educational needs (“SEN”) are set out in Section B;
  • All of the special educational provision (the extra help they need with learning) required by the child or young person is set out in Section F;
  • The school or college to be attended by the child or young person is set out in Section I.

This is because:

  • If a need is included in Section B, then there must be provision for that need set out in Section F;
  • If provision is included in Section F, then the LA must ensure that this provision is made; and
  • If a school, college or other setting is named in Section I, then it must admit the child or young person for whom the EHC plan is maintained (this duty applies to almost all schools and other settings – for more information see the section on choosing a school).

You can use our EHC plan checklist to see whether your plan has everything the law requires.

Can the sections of the EHC plan be combined?

No – there is a legal requirement to keep the sections of the EHC plan separate so that it is clear what needs and provision are in what section.

LAs are only legally required to secure the special educational provision set out in Section F so if this is unclear, or put into the wrong section, then the child or young person may not receive the special educational provision they need.

 

If you haven’t been able to find the answer to your question on this page or in our EHC plan checklist, our FAQs on EHC needs assessments contain further information about what should be contained in an EHC plan.