4th September 2023 • My Family Our Needs

In this interview, we introduce Lydia Dunford who is an Associate Solicitor at Boyes Turner.

We asked Lydia about problems parents may face with their child’s EHC Plan (EHCP). She gave us some very insightful solutions on how to go about appealing, communicating concerns, and more.

Can you explain the roles and responsibilities of the professionals involved in the EHCP process?

Throughout the process of constructing, implementing, and reviewing the EHCP, there are several key individuals involved with a range of roles and responsibilities. Lydia walked us through the network, stressing that parents and their children should be centred throughout the process and their views should be heard. As well as this, the views of the school or educational setting also need to be considered and contribute towards the EHCP process. In terms of experts, Lydia mentioned educational psychologists, medical professionals, social care workers, occupational therapists, speech therapists, physiotherapists, music therapists, and stressed that the specific professionals depend, to an extent, on the individual needs of the child.

There are set professionals who must be approached for information and advice when the local authority is conducting the EHC Needs Assessment, the first step in the process. As the life cycle of the EHCP moves along following drafting and implementation, reviews are the best time to ensure the professionals are still relevant and up to date, that they still reflect the child, and whether their comment is needed on placements or potential placements. Lydia was clear to note that there should be a continuous cycle of professionals who are involved, whether local authority appointed experts or independently hired specialists by the child’s parents.

How do I appeal if I’m not satisfied with the EHCP or its contents?

In some cases, parents may not be satisfied with the contents of the EHCP supplied for their child and the outcomes reached. When asked how parents can go about appealing, Lydia told us that a right of appeal is allowed after each annual review or following an interim or emergency review.

How often will the EHCP be reviewed and updated?

Following the initial implementation of the EHCP, Lydia informed us that an EHCP is required to be reviewed annually as a minimum, though updates may happen more frequently if there is a change in a child’s needs or because of placement concerns. A review can also happen within the life span of an ongoing appeal to the Special Educational Needs and Disability (SEND) Tribunal, as appeal timescales can be long and there may be delays.

Is there a way to expedite the review or revision of the EHCP?

If parents encounter concerns about their child’s placement or if the placement has broken down meaning their child is no longer able to attend, parents may need to expedite the review of the EHCP. In this case, Lydia told us that an emergency review would need to occur as soon as possible for investigations into other placement options, additional provision research, and examinations of the suitability of the placement to be conducted. Local authorities then must issue their decisions on the situation within four weeks of any review being conducted. Depending on what the local authority says will then dictate the timings for the right of appeal for the parent to use if they feel they need to.

How can I better communicate my concerns to ensure my child’s needs are met?

In cases where parents want to clearly communicate their concerns about their child’s EHCP to ensure their needs are met, Lydia told us that it is best to contact the placement named in Section I of the EHCP initially. Depending on the response of the placement, this then dictates whether parents will need to ask for an emergency or interim review, or if they need to raise the issues with the local authority directly. Ultimately, it is the local authority who are responsible for the EHCP and ensuring the special educational provision is delivered as per Section F of the Plan. Parents are advised to seek legal advice if unsure about what to do in these situations.

If necessary, what are the steps for escalating the situation if the plan is still not implicated?

If after relaying concerns and expediting reviews, the provision is still not being delivered as per the EHCP plan, there are steps for escalating the situation if parents find necessary. First and foremost, Lydia stressed that it all depends on if the provision in Section F of the plan is clear, detailed, and specific; if not, it may be much harder for parents to say whether the provisions are being implemented or not. All professionals and institutions must understand how much support a child needs, how often do they need it, who is providing this support, and so on.

Provided this provision is clear, and a detailed picture is assembled of what is not being delivered in accordance with this provision, Lydia advises parents to raise their concerns with the school and work together to identify the problem. If this comes down to funding, this is the responsibility of the local authority to ensure there is sufficient funding for the Section F provision to be delivered. If required, parents are able to go through local authority complaints procedures or threaten with a letter before action, which is the first step before judicial review, explaining the legal duty of the local authority to deliver provision and how this has not been met, alongside what should be done. Often this will be sufficient, Lydia told us, however parents may look to go through the full judicial reviews procedures which, although lengthy and costly, is available. Parents should seek specialised legal advice before doing so.

Lydia told us that local authorities should always consult with the school laid out in the plan prior to its implementation (unless a non-approved independent school, where the duty is not absolute). Consulting with a school involves sharing the draft EHCP, supporting information and to confirm any additional funding the school would need to deliver the Section F provision. Provided the school is solely named in Section I, without caveats, then funding responsibilities lie with the local authority. Again, the complaints process is available which can be escalated to the Local Government Ombudsman who can investigate local authorities, or the threat of judicial review. If the wording in the plan remains unclear, parents will need to look at getting this updated through an annual review or appeal.

Is there a specific process or avenue for resolving funding disputes between a child’s school and local authorities to ensure the child’s educational needs are met as laid out in the EHCP?

In cases where there may be disputes between a child’s school and the local authority, Lydia emphasised that parents shouldn’t have to be involved in funding problems, nor should they bear the responsibility of solving them, unless there is a separate agreement with the LA that parents will provide extra funding. Otherwise, this should be resolved between the local authority and the school which can be channelled through annual reviews. If the issue comes down to non-delivery of provision because the placement and local authority are saying different things, this can be raised with the local authority through methods already mentioned, or parents can reach out to advice points like specialist SEN law firms, draft a complaints letter, look at routes for escalation, or look at getting the plan updated which may be causing the funding disputes.

Are there any training or resources available to help the school staff better understand and support my child’s needs?

In terms of training for school staff, Lydia let us know that there are resources available to help staff better understand the child’s needs, such as solicitor firms, like Boyes Turner, who can provide training to schools upon demand. As well as this, there are plenty of resources from SEN advisors, online government materials aimed at schools, experts available to give advice in different areas of SEN, and information and training days. Lydia stressed that schools can always reach out to firms like Boyes Turner for support if they need it.

If you still have concerns or questions about your child’s EHCP, get in touch with us here.

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