Education Health and Care Plan (EHCP) legal advice

Education Health and Care Plan (EHCP) legal advice

An Education, Health and Care Plan (EHCP) is crucial for children with complex SEN. We offer guidance on making assessment requests and challenging outcomes that don’t fully reflect your child’s needs.

We also help you secure an EHCP or challenge the content of existing or updated plans that no longer meet their needs.

Our support extends supporting you to find the right school for your child with SEN and advice on how to secure a place if they’ve been denied one.

We provide assistance with annual reviews and the instruction of experts.

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0800 044 8488

Making assessment requests and challenging outcomes

The assessment process is the first step in securing the right support. We can help you with:

  • Understanding your child’s legal rights and the process for requesting an EHC needs assessment.
  • Gathering the necessary evidence to support your request.
  • Identifying potential issues with the assessment process.
  • Challenging the outcome of an assessment if you believe it doesn’t accurately reflect your child’s needs.

Find out more about the cases we can help you with

We’re here to help. You can call us on 0800 0448488 or email or request a call back

Securing an EHCP and challenging its content

Receiving an EHCP is a significant step, but it must accurately reflect your child’s needs and the support required.

We provide advice on understanding the different sections of an EHCP. We also offer guidance on ensuring the specified provisions are clear, specific, and quantified.

Furthermore, we assist in identifying and challenging inadequate or inappropriate content within the EHCP. Finally, we can help you appeal to the Special Educational Needs and Disability Tribunal if necessary.

Naming the right school and securing a place

Choosing the right educational setting is vital for your child’s progress.

We offer support with understanding your right to express a preference for a particular nursery, school, or college. We also work alongside you and your chosen educational setting to help minimize the chance of your choice being challenged, and we provide strategies for effectively naming your preferred school in the EHCP.

Additionally, we assist in challenging decisions where your preferred school is not named. Finally, we offer assistance when a school or nursery place has been denied.

We can also provide advice about securing an EOTAS/EOTIC package and have experience in putting together personal budget requests for such packages.

Support with annual EHCP reviews and instruction of experts

Annual reviews ensure the EHCP remains relevant and effective. We can guide you through:

  • Preparing effectively for annual review meetings.
  • Ensuring the review accurately reflects your child’s current needs and progress.
  • Understanding when and how to request the involvement of independent experts (e.g., educational psychologists, occupational therapists).
  • Navigating the process of instructing and using expert evidence to support your case.
  • Challenging the decision to cease maintaining your child’s EHCP or reducing the level of provision offered through it

We are here to provide you with the knowledge and legal support you need to confidently navigate the SEN legal framework and ensure your child receives the education they deserve.

EHCP Health Check £750 + VAT (£900)

We’ll review your draft or final EHCP and supporting documents (up to 150 pages from the last 12 months, including appendices, school reports, and expert assessments) to determine its legal enforceability and the strength of evidence for desired changes.

We will provide you with a detailed letter of advice following our review, which will include recommendations on any amendments required, whether the document is legally compliant, a review of the evidence you have to date and whether further evidence is needed to secure changes.

We will also meet with you remotely for up to 45 minutes once you have considered our written advice to discuss our recommendations.

Additional pages over the 150 page limit are subject to our hourly rate.

Any additional work not included above will be subject to our hourly rate and you will be provided with a written estimate of costs.

Trusted expertise

As expert solicitors focusing on serious injury, medical negligence, mental capacity and education, you can trust us to get the best results for you.

We know how hard it is to deal with the harm you or a loved one has suffered. We’ll support you with empathy every step of the way.

Our Special Educational Needs Solicitors provide expert legal advice and representation on educational matters to parents and professionals.

Our support doesn’t end after a claim. We can help you with your financial affairs after settlement and introduce you to charities and organisations that might be able to help you going forward.

We can help you and your child

If you need further information or specific legal advice regarding your child’s SEN, please don’t hesitate to contact us. We offer clear and competitive pricing structures depending on the type of case and legal support required. To book an EHCP Health please complete the form below.

If you require advice in relation to a SEND appeal or a matter not covered by our EHCP health check, please call us on 0800 044 8488 , email us on [email protected] or fill in our contact form.

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Frequently Asked Questions

We provide transparent and competitive pricing, with options for fixed fees like our EHCP Health Check tailored to your specific case and the legal support you need. Right from the start, we’ll discuss all available funding options to find the best solution for you. You will never receive a bill you were not already expecting. We do not offer legal aid funding for our education legal advice.

Eligibility for an Education, Health and Care Plan (EHCP) is determined by a local authority following an Education, Health and Care (EHC) needs assessment. An EHCP is for children and young people aged 0 to 25 who have special educational needs (SEN) that require provision beyond what is typically available in mainstream settings. A child or young person does not need a formal diagnosis to be eligible for an EHCP, although evidence of their needs from professionals is usually important. The focus is on their educational needs and the support required.

This usually means that the child’s needs are complex or severe enough that they cannot be reasonably met by the resources and adjustments that the mainstream early years provider, school, or post-16 institution can typically offer through SEN Support.

The child or young person must have a learning difficulty or disability that calls for special educational provision. This means they need support that is additional to or different from what is normally available or would meet the needs of the majority of others of the same age. These needs can fall into four broad areas:

  • Communication and interaction: For example, speech, language, and communication difficulties.
  • Cognition and learning: For example, learning at a significantly slower pace than their peers.
  • Social, emotional, and mental health difficulties: For example, challenges with managing relationships or their emotional well-being. Many disabilities including Acquired Brain Injuries manifest as behavioural difficulties.
  • Sensory and/or physical needs: For example, visual or hearing impairments, or physical disabilities that can not be met without significant adjustments at a mainstream setting.

Yes, EHCPs are legally binding, and a local authority has the legal duty to arrange and deliver the provision recorded in them to the child or young person.

We can help you document and communicate the changed needs of your child to the local authority to help you amend the EHCP and put the right provision in place to meet them. We can also support you with a request for a reassessment.

Request a Call Back

If you would like us to call you back to discuss a potential claim, please complete the form below and a member of the team will call you at a time convenient to you. We are in your corner and ready to help. Alternatively, you can contact us by email.

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Please note we will call back to help during office hours which are Monday to Friday 9am until 5pm