The Role of Independent Social Work in Education, Health and Care Plan (EHC Plan) Appeals

Created: 1/12/2025

What is an EHC Plan?

An Education, Health and Care (EHC) Plan is a legal document in the UK designed to support children and young people with special educational needs and disabilities (SEND). It brings together information from education, health, and social care professionals to provide a coordinated approach to meeting the child’s or young person's needs. The plan outlines the specific support required in these three key areas to help the individual achieve their personal and educational goals.

The EHC Plan includes detailed assessments of the child’s or young person's needs, including the provision required for education, health services (e.g., therapies), and social care (e.g., community support and respite). It also sets out measurable outcomes, specifying what the child or young person should be able to achieve over time.

EHC plans are designed for children and young people aged 0-25 who have complex needs that cannot be met by mainstream educational provision alone. The plan is reviewed annually to ensure it continues to meet the individual’s evolving needs. Families and young people are central to the process, ensuring that their views and aspirations are considered when developing the plan.

EHC Plan Appeals

If a parent or young person disagrees with the content or decisions in an EHC Plan, they have the right to appeal. The process typically begins after the Local Authority issues the final EHC plan or if it decides not to issue one.

To appeal, the first step is to request a formal review with the Local Authority, which may involve discussions and further assessments to address concerns. If the issue is not resolved at this stage, the next step is to appeal to the Special Educational Needs and Disability (SEND) Tribunal. The appeal must be submitted within two months of receiving the final EHC plan or within one month if the LA issues a decision not to provide one.

The appeal can cover various aspects of the EHC plan, such as the description of needs, the proposed provision, or the chosen educational setting. The SEND Tribunal is independent and will review evidence from both the family and the Local Authority before making a decision. The Tribunal can require the Local Authority to amend or issue a new EHC Plan. An appeal can be made in relation to the education sections of the EHC Plan (sections B, F and I), or it can be extended to include health and social care sections of the EHC Plan (sections C and G for health, and sections D and H for social care). When reaching their conclusions about health and social care, the Tribunal can only make recommendations about changes, they cannot order changes to be made to sections C, D, G and H. During the appeal process, the family can seek support from advocacy services, legal advice, or independent health and social care SEND specialists to strengthen their case.

The role of Independent Social Work

Independent Social Workers play a significant role in EHC Plan appeals, offering valuable support to families and young people navigating the complex process. They provide expert assistance in gathering evidence, presenting cases, and ensuring that the needs of the individual are effectively communicated to the Tribunal.

One of the primary roles of independent Social Workers is to assess the child's or young person’s needs from a social care perspective. They help identify the specific support required for social inclusion, family dynamics, and access to community services, which might not always be fully addressed by education and health professionals. Independent social workers also support families by evaluating the adequacy of existing provisions and suggesting appropriate interventions or services.

During an EHC Plan appeal, an independent Social Worker can assist by preparing reports and evidence that strengthen the case for additional or different support. These reports might highlight gaps in current provision, document changes in the child’s or young person’s circumstances, and provide professional recommendations on how to best meet their needs. The social worker can also liaise with other professionals, such as teachers or healthcare providers, to ensure that the child's full range of needs is considered.

In addition to this, independent Social Workers act as advocates for families, helping them to navigate legal and procedural complexities of social care and the Tribunal. They provide emotional and practical support throughout the appeal process. Their impartial perspective ensures that the focus remains on the child or young person and achieving the right outcomes.

Choosing the right independent Social Worker

All Social Workers are skilled in analyzing information and assessing care and support needs; they are some of the fundamental skills taught during Social Work training. However, assessing care and support needs is only part of the process for independent Social Workers instructed in EHC Plan appeals.

When instructed to assess care and support needs for the purposes of an EHC Plan appeal, in addition to assessing care and support needs, independent Social Workers are being instructed to also make recommendations for wording in sections D and H1 or H2 of the person's EHC Plan. Therefore, it is imperative that independent Social Workers have a thorough knowledge of the EHC Plan process and related matters. It is essential that any independent Social Workers instructed are familiar with the educational and health components of the EHC Plan as well.

Section F of an EHC Plan relates to special educational provision. In some cases, health and social care provision that educates or trains should be treated as a special educational provision instead of a health or social care provision. This is of particular importance where a child or young person requires education beyond the usual school or college day. This is sometimes referred to as a waking day curriculum because the child or young person requires a degree of education into the evenings or across weekends and school or college holidays. An independent Social Worker skilled in such matters can accurately identify which provision is required for sections F, H1 and H2.

Conclusion

In Conclusions, An EHC Plan is a UK legal document for children and young people with special educational needs and disabilities (SEND). It outlines education, health, and social care support to help them achieve personal goals. EHC Plans are for those aged 0-25 with complex needs, reviewed annually. Families and young people’s views are central to the process. If dissatisfied, families can appeal the plan through a formal review and the SEND Tribunal. Independent Social Workers play a key role in appeals, offering expert support, preparing evidence, assessing needs, and advocating for appropriate care and provision in the plan.