EHC Plans - Frequently Asked Questions

Q - If the local authority and not issuing any more Statments, then will they be taking our existing Statments away from us?

A - Anyone who applies for an assessment of need up to Sept 2014 will be included on the current system of statements and Learning Disability Assessments. From September 2014 onwards all students undergoing an assessment of need will be issued an Education, Health and Care plan.

Q - Will the local authority just take away my child's Statment and replace it by the the plan?

A - No, before the local authority can change the Statement over to the plan they will need to go through the review process with you and the current school.

Q - As part of the changes will the Statmeent become watered down and the authority remove support from it?

A - If the current support specified in the Statement remains then it will remain in place within the EHCP plan, and the authority will go through the review process with you and the current school.

Q - Can I still appeal if I disagree with changes?

A - The appeal to the tribunal service will remain in place. You can appeal a decision made within 14 days and go to tribunal if needed to contest it. The students Statement as it stands will remain current until the tribunal has made a decision or an agreement has been made.

Q - As the new plans go from birth to 25 my child will be supported until they reach 25, won’t they?

Not necessarily, the young person post 16 must be remaining in education or training for the plan to still apply, therefore post 16 or 19 funding could only be for a further 3 years.  Post 16 the young person has more say in their plan and may well decide to no longer attend education therefore it could be the case that the plan is removed. However if a young person aged 16 or over is not in education or employment (NEET) then their EHC plan should stand and be used to try to help the young person to engage further with training and education.

For more support on this, visit:       www.ipsea.org.uk         or      www.sossen.org.uk

 

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