SEND (EHCP) Tribunal Reports
What is an Education, Health and Care Plan (EHCP)?
An Education, Health and Care Plan (EHCP) is a legal document designed to support children and young people with special educational needs and disabilities (SEND). It outlines the specific support, services, and provisions a child or young person requires to achieve their educational, health and social care and developmental goals. The EHCP is intended for children and young people aged 0-25 and provides a coordinated approach to addressing their needs across education, health, and social care services.
The plan is developed through a multi-disciplinary process involving the child or young person, their family, education providers, health professionals, and social care services. It details the child's individual needs, such as learning difficulties, physical or mental health conditions, and any necessary therapies or interventions. The Education, Health and Care Plan sets out the specific outcomes that are expected, the type of support required, and who is responsible for delivering it.
EHC plans are used to ensure that children with complex needs receive the necessary support to succeed in their education and daily life. They are reviewed at least annually to ensure the support remains relevant and effective. Parents, carers, or young people can request an EHC needs assessment if they believe their child has special educational needs that cannot be met through ordinary school provision. Ultimately, the EHC plan helps to create a tailored, holistic approach to supporting children and young people with SEND, ensuring they have the resources and opportunities to thrive in education and beyond. When a plan has been finalised by a Local Authority, children's families, young people and their families can appeal the decisions made by the local authority. If agreement cannot be reached, an application to the First-Tier Tribunal (SEND) can be made for a judicial decision.
How can Simply Social Work assist with Tribunal appeals?
The First-Tier Tribunal (Special Educational Needs and Disabilities) provides a vehicle through which a person, or their representative, can appeal against the contents of an EHCP or Statement of Special Educational Needs if you live in Wales.
A national trial began on 3 April 2018 to extend the power of the SEND tribunal and concluded in August 2021. The extended powers mean, as part of a special educational appeal, the Tribunal can make non-binding recommendations on the health and social care aspects of a person’s EHCP in addition to binding decisions about educational provisions. In July 2021, it was announced by the Department for Education that these extended tribunal powers would continue.
We can be instructed to complete a care needs assessment report to inform the EHCP. A care needs assessment report will identify exactly what a person’s care and support needs are and the type of provision required to meet them. Our reports make recommendations in relation to section D (social care needs) of the EHCP and the provisions required in sections F or H. Our independent Social Work reports assist judges and panel members when making decisions about a person’s EHCP. We can make recommendations as to whether any social care provision that should be treated as a special educational provision and whether the person requires a provision beyond the usual school or college day (sometimes referred to as a waking day curriculum).
We are experienced Social Workers in Adults and Children's Social Work. This is important because EHCPs can be maintained until a young person is 25 years old, it can span children's and adult social care. We can be instructed by solicitors representing families or directly by families. Please contact us if you would like to find out more. The SEND Code of Practice states that EHC Plans should be, "clear, concise, understandable and accessible to parents, children, young people, providers and practitioners. They should be written so they can be understood by professionals in any local authority." We adopt the same principles in our reports. That is why, as well as completing a comprehensive care needs report, we will also (when appropriate and requested) complete a simple, one-page summary of our report written to the young person to explain the conclusions we have reached.