Legal Update: Legal Q&A - Education, Health and Care Plans

A: From September, Statements of Special Educational Needs (SEN) will start to be replaced by Education, Health and Care (EHC) plans as part of the reforms introduced by the Children and Families Act 2014. In the EHC plan, the local authority will set out the special educational provision required to meet the EHC needs of a child or young person (aged 0 to 25) based on the views of the child or young person and their parents, and a set of EHC outcomes developed by the parties. The local authority must review an EHC plan at least every 12 months to ensure it is up to date and still relevant to the young person's EHC needs.

Children and young people who have a SEN statement and would have continued to have one under the old system will be transferred to the new system by 1 April 2018. Learning Difficulties Assessments (LDA) will be phased out and replaced with EHC assessments and plans by 1 September 2016. Regarding children or young people who have or may have a SEN - a learning difficulty or disability requiring special educational provision - and who are not currently receiving support, a local authority may issue an EHC plan following an assessment of the child's EHC needs.

The government has issued updated statutory guidance, Special Educational Needs and Disability code of practice: 0 to 25 years, available via www.gov.uk/government/publications/send-code-of-practice-0-to-25

Do you have any questions?

Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, The National Education Line on 0845 345 4345, Or visit www.childrenslegalcentre.com.