To have an EHCP, a child’s support needs must be over above those that the education provider would usually meet via:

• ‘Reasonable adjustments’ and
• A Special Education Needs Plan and support

Children who have an EHCP may go to a state mainstream or special school, an independent school, or be home-schooled.

Suitable schools are considered as part of the process. Parents may say what option they prefer when the plan is being drafted. The final decision about which school will depend on the child’s needs, parents’ preferences and the school’s admissions criteria.

If the LA agree to an EHCP for a child, the school is named on the final plan.

An EHCP may or may not be linked with extra funding, depending on the local authority

Your child will need an Education, Health and Care (EHC) Assessment. This is a legal process carried out by your Local Authority (LA). It’s quite separate from any other assessments or plans your child may have

An application for an assessment must be made in writing to your LA. This can be done at any time during your child’s education. The earlier the application the better as it takes time.

The application can be from:

• parents / carers
• the education provider
• the clinical team or Neuromuscular Care Adviser

The request should explain how your child’s SMA impacts on them day to day, for example:

• their mobility
• ability to manage with any changes of clothing – outdoors to indoors, for sports
• ability to hold a pencil, turn pages, use a keyboard
• safety at lunch times and break times

It should describe any extra support your child has already received from education, health or social care services. It should say why you feel your child needs more help than the education setting can reasonably provide.

If the LA agrees to assess your child, they gather information about their needs from those who know and support them. This will include:

• parents / carers
• any current education provider
• their health and medical team
• social care services
• any others whose views may be important

Your LA should give you more information about what happens during an assessment. 

There is no national standard format for an EHC plan. However, it must have the following clearly-labelled sections:

A: The Views, Interests and Aspirations of You and Your Child

This can be a useful quick summary of your child. It should be based on information given by you and them.

B: Special Educational Needs (SEN)

Many local authorities use these sub-headings in their plans, but they don’t have to:

• Cognition and learning.
• Communication and interaction.
• Social, emotional and mental health.
• Sensory and physical.

C: Health Needs Related to SEN

You would expect to read accurate information about the impact of your child’s SMA here. For example, this should include any difficulties with eating, breathing, arm and leg weakness.

D: Social Care Needs Related to SEN

This would cover things like any support your child needs to join in with activities outside home and nursery or school.

E: Outcomes – How the Extra Help will Benefit Your Child

This should describe what your child will be able to do if they get the extra help outlined in the EHC plan. This may be about reaching a particular educational level, or things that are important to your child. An example would be being able to take part in an out of nursery or school activity.

F: Special Educational Provision (Support)

This should describe how your child’s needs outlined in B will be met in nursery or school. It should be very clear how much help, how often and who will give it. Therapies such as speech and language therapy would usually be in this section.

G: Health Provision

This should describe what is required to meet your child’s needs outlined in C. For example medication, equipment such as a wheelchair, physiotherapy, nursing support with tube feeding, suctioning or non-invasive ventilation.

H: Social Care Provision

This should describe what is required to meet your child’s needs outlined in D. This might be short breaks, out of nursery / school activities or support for your family at home.

I: Placement

This must always be left blank in a draft plan. This is so that you can tell your local authority what nursery or school you want your child to go to if that isn’t already settled. Once confirmed, the plan will name the  nursery or school your child attends.

J: Personal Budget Arrangements

A personal budget is not extra money but a more flexible way of using the funding allocated to your child. You have to make a request for this. See Tab 5 – Support Packages for more information.

K: Advice and Information 

This lists all the information and reports gathered during the EHC needs assessment.

Your local authority will create a draft EHC plan and send you a copy.

• You have at least 15 days to comment
• Your local authority has 20 weeks from the date they receive the request for the assessment to give you the final EHC plan.

The plan will be reviewed annually. It may be changed but will remain in place until:

• your child leaves education or
• the local authority decides that your child no longer needs the plan to help them in their education.

If you move to another Local Authority in England the plan will be transferred with your child. EHC Plans have no force outside England.

EHC Plans >

A. Who Takes Part

Your child’s nursery or school organises this meeting. It must include invitations to:

• You, their parent(s)
• The headteacher of the school
• Someone from the local authority special educational needs (SEN) department
• Someone from the local authority social services department
• A health professional.

The school may also invite other people involved in supporting your child, for example their teaching assistant. In practice, who attends will depend very much on your child’s needs and circumstances.

The school will ask the people they invite, including you, to send in written reports in advance. These must be circulated to everyone invited at least two weeks before the meeting.

B. Getting Ready For The Meeting

You might want to think about:

• Is there anyone you would like to come with you to the meeting or to send in a report?

The school or local authority doesn’t have to invite anyone you request. But they must take account of your wishes, views and feelings and those of your child. You might want someone who knows your child well to support you to speak up.

• Do you have any other reports or evidence you would like to send in?

These might be from private practitioners working with your child or from people outside their education setting.

• How would you like your child to be involved in the review?

Your local authority has a duty to consult your child. School and family can decide together what is appropriate. For example, children may complete a feedback sheet which has smiley faces to tick and a place to record a comment. Some schools carry out ‘child-centred’ reviews, where the child is present throughout.

• Do you want anyone to go with you to take notes?

This could be a partner, friend or relative.

C. Giving Your View In Writing To The Meeting

The local authority, nursery or school organising the review meeting will ask you to send your views in advance. They may send you a form to fill in, but you don’t have to be limited by this.

Think about the past year and what has gone well, or not so well, in your child’s education:

• Has your child met any targets that were set at their last review?
• How is your child doing both in terms of their learning and socially?
• Have there been any problems at school? For example, bullying, attendance breaks due to health needs and hospital stays?
• If you need to ask any questions about your child’s progress or support at school, make a note of these.

You should have received copies of any written reports that professionals have contributed to the annual review. Go through all these reports and make a note of anything you would like to discuss at the meeting. Go through your child’s EHC plan carefully. The annual review is your chance to say if you think the EHC plan is still correct or if any changes need to be made.

It is also a chance to ask for a personal budget if you didn’t do this when the EHC plan was first made. See Tab 5 – Support Packages for more information.

D. The Review Report

Following the meeting, the headteacher must write a review report with recommendations for any changes that should be made to your child’s EHC plan. You will get a copy.

Within four weeks of the review meeting, the local authority must make a decision about the recommendations in the report and notify you, the parent.

If you disagree with the local authority’s decision, you have a right to go to mediation and / or appeal.

If you disagree with a decision made by the local authority relating to your child’s special educational needs, you can appeal to an independent body called the First Tier Tribunal for Special Educational Needs and Disability (SEND).