Navigating Changes to an EHC Plan: A Practical Guide
An Education, Health, and Care (EHC) plan is a vital document that helps ensure children and young people with special educational needs (SEN) receive the tailored support they need. However, as children grow and their needs evolve, it's often necessary to make changes to the EHC plan. Whether it’s an update to educational goals, a change in school placement, or additional support, understanding the process for modifying an EHC plan can make a big difference. This guide provides a practical overview of what to expect and how to navigate these changes.
EHC plans are designed to adapt as a child or young person’s needs change. Factors such as academic progress, shifts in health or social needs, transitions between education stages, or moving to a new local authority can prompt a reassessment or update of the EHC plan. In some cases, the plan may need to be reviewed to ensure it continues to provide meaningful support. Knowing when and how to initiate these changes is essential for parents, educators, and caregivers.
Step 1: The Annual Review Process
Every EHC plan must be reviewed at least once a year by the local authority (LA) to ensure it remains appropriate. This annual review process involves gathering information on the child’s progress, discussing their current needs, and deciding whether the plan should be amended, continued as is, or ceased.
Who attends the review?
The review usually includes the child’s parents or the young person, teachers, relevant health or social care professionals, and the LA’s Special Educational Needs (SEN) officer.What happens next?
The LA must decide within four weeks of the review meeting whether to maintain, amend, or cease the EHC plan. The decision must be communicated to the child’s parents or the young person.
Tip: For children under 5, more frequent reviews are recommended to keep pace with rapid developmental changes.
Step 2: Making Amendments Outside the Annual Review
While the annual review is a standard opportunity to reassess the EHC plan, parents or schools may request changes at any time if new needs arise. This might occur if:
The child’s needs change significantly (e.g., new health diagnoses, or changes in educational support needs).
A change in school or placement is necessary.
The family relocates to a different area, requiring a different local authority to oversee the EHC plan.
When an amendment request is made outside the annual review, the LA will follow a similar process to assess whether changes to the plan are necessary. If they decide to amend the EHC plan, they will send parents a copy of the proposed amendments and give them at least 15 days to provide feedback.
Step 3: Transitioning Between Education Phases
A child’s EHC plan must be reviewed and, if necessary, amended when they are preparing to move between key education phases, such as from primary to secondary school or secondary to further education. This process is known as a phase transfer and requires timely preparation:
Timeline:
For most phase transfers, the LA must issue a finalised EHC plan by 15 February of the year in which the transfer takes place. For young people moving into further education, this deadline is 31 March.Preparing for the Transition:
During the phase transfer review, consider how the new setting will support your child’s needs. It’s helpful to discuss specifics like the type of classroom support, any necessary adjustments, and integration into new social environments.
Tip: Start the review process early to ensure sufficient time for planning and appeal if necessary.
Step 4: When Changing Schools or Moving to a New Local Authority
If your child needs to change schools or your family relocates to a different local authority, the EHC plan can transfer to the new school or local authority.
For a new school: Work closely with both the old and new schools to ensure a smooth transition. Ensure the new school understands your child’s needs as outlined in the EHC plan.
For a new local authority: The responsibility for maintaining the EHC plan moves to the new LA on the day of the move or within 15 working days if they were not previously informed. The new LA may conduct its own review to adapt the plan to local resources or provision options.
Step 5: The Process for Amending an EHC Plan
When the LA decides to amend an EHC plan—whether after a review or a parent’s request—there are specific steps involved:
Notice of Amendments:
The LA will send the parents or young person a copy of the proposed amendments with supporting evidence.Review Period:
Parents or young people have 15 days to respond, make representations, or request that a particular school or institution be named in the amended EHC plan.Finalising the Amended Plan:
The LA has eight weeks from the date of the proposed amendments to issue the final EHC plan or decide not to proceed with the amendments.
Tip: If the LA’s decision does not align with the family's wishes, parents or young people have the right to appeal.
What If You Disagree with the LA’s Decision?
In cases where parents or the young person disagree with the changes—or a decision not to amend—the EHC plan, they have the right to:
Request Mediation: Mediation can help resolve disagreements with the local authority in a collaborative way.
Appeal to the First-Tier Tribunal: If mediation is unsuccessful, an appeal can be filed. This is a legal right and is intended to ensure fair decisions for the child’s or young person’s needs.
Organisations like IPSEA and SENDIASS offer advice and support on navigating disputes.
Supporting Your Child Through EHC Plan Changes with SAILs
At SAILs, we believe that every EHC plan should evolve with the student’s changing needs and aspirations. Our personalised tools and educational frameworks are designed to adapt as your child grows, providing:
PATH Planning: A person-centred approach to setting and achieving educational goals, ensuring alignment with your child’s unique needs and dreams.
Integrated Curriculum: Tailored learning and support that adapts as the EHC plan changes, supporting academic, emotional, and social development.
Whether you’re adjusting current provisions, planning a school transition, or moving to a new area, SAILs offers the flexibility and comprehensive support to ensure your child’s EHC plan continues to serve them effectively. To learn more, visit www.sails-op.com.
Changing an EHC plan can be a complex process, but staying informed about your rights and options will empower you to make the best decisions for your child. Whether through an annual review, a phase transfer, or a necessary update, each step is an opportunity to ensure your child’s plan aligns with their current needs.
At SAILs, we are here to support families in every stage of the EHC journey. If you need assistance navigating changes to an EHC plan or are looking for a flexible, child-centred approach to education, visit www.sails-op.com to explore our services.