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Temporary changes to EHC Plans to expire tomorrow

On the 1st May 2020 certain aspects of the law on education, health and care (EHC) needs assessments and Plans changed temporarily to give local authorities, health commissioning bodies, and others whose roles contribute to these processes more flexibility in responding to the demands placed on them by coronavirus. These temporary changes relaxed the timescales and deadlines by which local authorities and others needed to adhere to in relation to EHC Plans.

For further details of those temporary changes, please see our previous article here.

From the 25th September these temporary changes will cease and the usual statutory timescales will come back into force.  Any case which is in progress to which the ‘coronavirus exception’ has previously been applied will become subject to the usual timescales, which include:

  • 6 weeks for needs assessments
  • 6 weeks for the provision of advice or information
  • 20 weeks for the issue of a final Plan

From the 25th September, the local authority must again review a child or young person’s EHC Plan at least once a year.  This is to ensure it stays relevant and up-to-date and continues to provide the right support to meet the child or young person’s needs. This is a vital entitlement for all children and young people and you should ensure that a Plan is reviewed at least once a year, or earlier than this if your child’s needs have changed.

Local authorities must now conduct annual reviews in the usual way.  If you are struggling to obtain an annual review, if you are concerned about any changes that have been made to your child’s Plan or if you are not happy with the provision in your child’s Plan, contact our education team and we can guide you through the different options available to you.

Here for you…

We understand that many children and young people will have found lockdown exceptionally difficult in lots of different ways.  Those with SEND have faced the difficulties that all other children have faced, but have also had to go without the bespoke, specialised education to which they are entitled. Due to this, there may have been changes to their needs. With schools now re-opened, your child may well be facing different or new challenges.  If you are concerned about the provision or placement of your child, we are here to provide guidance and support.

Contact us if:

  • You are waiting for an EHC needs assessment
  • Have been refused an EHC needs assessment
  • You need advice in relation to an annual review
  • You have any concerns in relation to your child’s special educational needs.

Email the team on education@moore-tibbits.co.uk or call 01926 354704 for a free initial consultation.

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