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Amending an Education Health and Care plan – EHCP

When should an EHCP be amended?

An amendment to an existing Education, Health and Care (EHC) Plan should usually occur after an annual review when there are significant changes identified to the current EHC Plan.

Education, Health and Care Plans will always be amended in preparation for a child/ young person moving onto their next phase of education (e.g. infant to junior, junior/primary to secondary), subject to the EHC Plan remaining appropriate, which should be discussed at the annual review meeting.

 The EHC Plan may be amended at other times, e.g. a change of needs, following a change of address or school, or where there are changes in health or social care provision resulting from minor or specific changes in the child or young person’s circumstances. 

The Code of Practice states that EHC Plans are not expected to be amended on a very frequent basis.

Notice of Proposed Changes to the EHC Plan

Once it is agreed that the Local Authority will amend the EHC Plan, the SEN team will send a ‘Notice of Proposed Changes to the Education, Health, and Care Plan’ document.

This document will be based on the current EHC Plan and highlight the changes by striking through any deletions and putting into bold any additions.

A copy of the original / current EHC Plan will have also been sent to you for your information

What do you need to do once you receive your draft Notice of Proposed Changes to the EHCP?

You now have 15 days to return the enclosed reply slip to indicate if:

  • You are happy with the proposed changes 
  • You would like to make any written comments / changes to the proposed changes
  • You would like to meet with a member of the SEN team to discuss the proposed changes.

This is also your opportunity to confirm your preference for school placement, which may be continuing in their current placement.

If you require support understanding the proposed changes or with completing the reply slip, the Portsmouth SEND Information, Advice and Support Service will be able to help with this.

Amending an EHCP Frequently asked questions

Should I visit a pre-school/school or college before expressing my preference?

It is strongly recommended that you visit any new education setting before telling us which one you would prefer for your child.

It is suggested that you speak with the Special Needs Co-ordinator (or the person who does that role) of that education setting to talk about your child / young person’s needs and ideally take a copy of the draft EHC Plan with you.

The Portsmouth SEND Information, Advice and Support Service may be able to support you with visits to schools.

What do the SEN team do after they have drafted the changes on the EHCP?

The SEN team will have sent the ‘Notice of changes to the EHC Plan’ and any up-to-date reports to identified educational placements. This should be, in most cases, your child/ young person’s current educational placement (nursery/ pre-school, school or college).

If the SEN team are already aware of your preference then we will also refer papers to that placement.

If your child / young person is due to transfer to another placement at the end of the academic year (e.g. starting school, Year 2 or Year 6), then the EHC Plan will be referred to the designated (catchment) school for your home address (as well as any preferred placement, if known).

Once the SEN team have received your reply slip telling us your preferred education placement then, if the EHC Plan has not already been sent, a referral will be made to that placement.

Educational placements have 15 days to respond to referrals to indicate if they feel they can or cannot meet the needs identified and make the provision specified within the EHC Plan.

What happens once I have asked for changes to the EHCP?

If you have requested changes to the EHC Plan, these will be considered by a senior member of the SEN team. We will discuss with you if there any issues with making the requested changes.

A member of the SEN team will attend a meeting with you, if requested, to discuss any issues regarding the proposed changes to the EHC Plan or placement. 

What happens if the education setting says they can no longer meet my child's needs?

If your child’s pre-school, school or college say they can no longer meet your child’s needs, it is important that everybody works together to resolve any issues.

The SEN team will work closely with any school or educational placement not able to meet a child/ young person’s needs to resolve any issues regarding placement.

 

I would like my child to attend a specialist placement, what do I do?

Following the review meeting, it may be felt that your child or young person needs to attend a specialist placement to get their needs met and outcomes achieved.

You or the school are able to request this as part of the EHCP review process, by either putting it in writing or on the form that comes with your draft amended EHCP.

It may be necessary for the SEN team to present your child / young person’s case to the Inclusion Support Panel (ISP) to ask advice about school placement, especially if a special school or Inclusion Centre has been requested.

Once an appropriate school / educational placement has been agreed and any changes to the EHC Plan discussed and agreed, the EHC Plan will be finalised and a copy of the Final Amended EHC Plan will be sent to you, school / educational placement and the other professionals who contributed to the EHC Plan

How long will it take to recieve the final amended EHC Plan?

The final Amended EHC Plan should be received within 8 weeks of receiving the ‘Notice of Proposed Changes to the Education, Health, and Care Plan’ document.

You will be informed if there is a delay to this timescale.

What happens if I do not agree with the content of the EHCP or the education placement in the amended EHC Plan?

When the Amended EHC Plan is finalised, this will open up your right to appeal about particular sections of the plan.

If you do not agree with a decision made during the  Review process there are a number of steps you can take.

You can contact the SEN team and discuss your concerns first.

If you still are not happy you can then appeal the decisions.

Before you can appeal you will need to consider mediation – this can be done by contacting Global Mediation services. If you do not think mediation will be helpful you will need to ask for a mediation certificate before you can formally lodge an appeal with the First Tier Tribunal.

You have 2 months from the date of the final plan or 30 days from the date on the mediation certificate ( whichever is greater) to lodge an appeal.

If you would like some help you can contact Portsmouth IASS for further information and advice.

 

 

Related Documents and Links

Visit the document Hub to download forms and guidance on completing  Review paperwork.

Relevant links

Information Sheet: Amending an EHC Plan

Information Sheet: Amending an EHC Plan Preparing for Adulthood at Year 6

Information Sheet: Amending an EHC Plan following a move into the area 

National Links

IPSEA: Changing an EHC Plan

CDC: A Guide to Education, Health and Care Plans

Portsmouth SENDIASS

An impartial service providing information, advice and guidance on SEND.

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Portsmouth SEN Team

The Special Educational Needs Team at portsmouth city council are responsible for EHCPs.

Portsmouth SEN Team info
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Portsmouth Parent Voice

Helping parent carers of young people aged 0-25 with additional needs and disabilities to shape and improve local services

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