Parents have to sign the draft EHCP to say they agree with it

Charlotte2022-11-29T01:10:37+00:00

Some LAs put pressure on parents to sign the EHCP. There is no requirement in law for this to happen, nor indeed is there a requirement for the parent to agree the EHCP at all. Even if the parent has said that they agreed it (which sometimes happens when the parent has been unable to obtain proper advice), that does not prevent a tribunal appeal.

If school aren’t delivering the provision in Section F, the LA can’t do anything about it

Charlotte2022-11-29T00:58:32+00:00This is not the case. The LA is responsible, under Section 42 of the Children and Families Act 2014, for ensuring that the provision set out in Section F of the EHCP is being delivered. If the school is not delivering the provision, you need to make the LA aware - we suggest email rather than phone - and ask it to remedy the situation with the school immediately so that it can meet its statutory duties under the Act.  If the LA fails to do this, parents are able to consider judicial review.

Diagnoses or health conditions don’t go in Section B

Charlotte2022-11-29T01:13:13+00:00That is not accurate. Any conditions that impact the child or young person's ability to learn should go into Section B.  For example, a speech and language delay might be identified by a health professional, in this instance, a speech and language therapist, but as the delay impacts the ability to communicate socially and educationally, this is an educational need and belongs in Section B. If a child or young person's mobility issues impact their ability to access a classroom, and/or require them to have support to do so, this should also be listed in Section B.