‘A Practical Guide to the Education, Health and Care Plan (EHCP) Process’ by Lydia Dunford-Anderson

Description

The law on special educational needs and disabilities (SEND) remains an ever developing and pertinent area of practice. At the time of writing this practitioners’s guide, potential changes to SEND legislation were being reviewed and a Schools White Paper due in early 2026.

The current legislation set outs out the Education, Health and Care Plan (EHCP) process as a means of additional support for children and young people with SEND, with the responsibility on the particular local authority. The process starts with an assessment of the child or young person’s education, health and care needs. Following successful completion of this assessment, and confirmation that additional provision is required to meet the identified needs through the security of an EHCP, then a draft Plan is prepared. Once finalised, then the EHCP will be a legally enforceable document, centred on the special educational provisions set out to address the SEND detailed, usually to be delivered in a named educational placement.

This detailed practitioners’s guide to the EHCP process, includes examination of steps before the process, the need for clear and relevant expert evidence, and the legal requirements of all eleven sections of an EHCP. Timelines of the various stages of the process are also provided, as are detail on practical points and analysis of relevant case law judgements.

ABOUT THE AUTHOR

Lydia Dunford-Anderson is an Associate Solicitor in Boyes Turner’s Education team. She advises clients on all aspects of the Education, Health and Care Plan (EHCP) process, including appeals and representation at the SEND Tribunal, case managing them from initial instructions to appeal conclusion and beyond. Lydia is acknowledged in Legal 500, and has been ranked in Chambers and Partners since 2022 where she is noted as an ‘Associate to watch’.

Lydia has previously written a book published by Law Brief Publishing, entitled ‘A Practical Guide to Education Otherwise Than at School or College (EOTAS/C)’. She is a member of the Law Society and Education Law Association, as well as providing training on EHCP topics to SEND charities and organisations, and delivering webinars for MBL.

CONTENTS

Chapter One – Introduction – The Law on Special Educational Needs and Disabilities (SEND)

Chapter Two – Pupils with SEND

Chapter Three – Placements
a) Pre-Schools (Nurseries)
b) Schools (Compulsory School Age)
c) Further Education (Post-16)

Chapter Four – The Level and Type of Provision Available if no Education, Health and Care Plan (EHCP)
a) Special Educational Provision
b) SEND Support
c) Options if Insufficient Support

Chapter Five – EHC Needs Assessments (EHCNA)
a) The Legal Definition
b) Scope of Education, Health and Social Care
c) Who Can Request One, and How
d) Evidence Required
e) Experts, Including Those Independently Instructed

Chapter Six – EHCNA – Irrelevant, or Incorrect, Considerations and Legal Requirements

Chapter Seven – EHCNA Timeframe

Chapter Eight – Draft EHCP
a) Education, Health and Social Care Sections
b) Writing and Formatting Process, Including the Level of Detail Required
c) Experts, Including Those Independently Instructed
d) Types of Placements and Consultations

Chapter Nine – Draft EHCP Timeframe

Chapter Ten – Final EHCP
a) Which Sections are Legally Enforceable?
b) Specific Placement Named
c) Placement Type Named Only
d) Annual Review

Chapter Eleven – EHCNA – EHCP Timeframe

Chapter Twelve – Conclusion