St Pauls Chambers

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Hannah Lynch

St Pauls Chambers

2 Contributions by St Pauls Chambers Experts

EHC needs assessments and EHC plans in England: statutory duties, required advice, timescales, drafting pitfalls, and naming mainstream or specialist placements, including EOTAS and SEND Tribunal appeal scope
PRACTICE NOTES
The principal statute governing Education, Health and Care (EHC) plans is the Children and Families Act 2014 (CFA 2014). Sections 36–51 of the CFA 2014 cover EHC needs assessments and EHC plans. These provisions are supplemented by: the Special Educational Needs and Disability Code of Practice (COP), Chapter 9; the Special Educational Needs and Disability Regulations 2014, SI 2014/1530; and case law from 2014 onwards, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP, and how they interrelate. This Practice Note concentrates on the rules for EHC needs assessments and the format and content of EHC plans. For guidance on who may request an EHC assessment and the factors local authorities (LAs) must consider when deciding whether an EHC assessment is required, see Practice Note: When must a local authority carry out an EHC needs
Local Government
EHC plans and post‑19 SEND education in England: assessments, placements (mainstream/specialist), maintenance or cessation to 25, capacity and preferences, Local Offer and five‑day provision
PRACTICE NOTES
Part 3 of the Children and Families Act 2014 (CFA 2014) Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities (SEND). It brings in ‘Education, Health and Care plans’ (EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England. See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively. Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a ‘young
Local Government
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