There are many varying factors to consider when looking at the quality of an EHC plan and the consistency of plans within and across local areas, but meeting the minimum statutory requirements is absolutely crucial. All plans must be compliant with legislation, including the 2015 SEND Code of Practice and Part 3 of the Children and Families Act 2014.

This how-to guide will look at the key legal requirements for the content of each section of an EHC plan and some common examples of errors that can lead to a plan not being legally compliant.

What does the legislation say about EHCP content, and why does this matter?

Before delving into the nitty gritty of individual EHCP sections, it’s worth briefly considering some of the overarching principles underpinning EHCP development, as captured in the following Code of Practice extracts:

“Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan. They should also involve the child as far as possible in this process. The needs of the individual child and young person should sit at the heart of the assessment and planning process.” (Section 9.21)

“EHC plans should be forward-looking documents that help raise aspirations and outline the provision required to meet assessed needs to support the child or young person in achieving their ambitions. EHC plans should specify how services will be delivered as part of a whole package and explain how best to achieve the outcomes sought across education, health and social care for the child or young person.” (Section 9.5)

“EHC plans should be clear, concise, understandable and accessible to parents, children, young people, providers and practitioners.” (Section 9.61)

Failing to meet the key legal requirements impacts on both the functionality of the plan (i.e. whether it enables all those involved to understand the child/young person’s needs and what needs to be implemented) and how legally binding the recommendations are (e.g. the enforceability of the provision required). If issues around statutory requirements are not resolved, this often leads to appeals to the SEND Tribunal.

How to meet requirements in Sections A-K

Whilst the quality of plans can also be determined by following best practice, the focus here is on meeting the legal requirements of each section of a plan. Click below to download a free guide to the key statutory requirements across the plan and some examples of common bad practice that can lead to a plan not being legally compliant:

CLICK HERE TO DOWNLOAD THE EHCP LEGAL REQUIREMENTS GUIDE

Further learning

If you would like to learn more about writing a legally compliant EHC plan, along with best practice for ensuring quality and consistency, take a look at our Local Authority SEND Officer training package: this bundle includes our most popular online courses around EHCP development (including a close look at outcomes, Preparing for Adulthood and amending plans), as well as a handy final plan quality assurance checklist to enable measurement of how well plans meet key statutory requirements.