Advocacy for education: A parent’s guide to EHCPs

An Education, Health and Care Plan (EHCP) gives your child a legally protected package of support that’s tailored to their needs. 

We know that getting an ECHP – or making sure the plan is strong enough – can sometimes feel like a full-time job. Understanding the process, and what is expected of you, can make it a little easier.

This guide breaks everything down simply and clearly, so that you can advocate confidently for your child and their needs.

What an EHCP actually is

An EHCP is a legal document that sets out your child’s additional needs, and the support the local authority must provide.

An EHCP provides more comprehensive support than Special Educational Needs (SEN Support) you can access at schools. It’s especially important for children with mobility or health needs.

If your child uses a wheelchair, an EHCP is essential in ensuring that their physical access, safety, therapy, and daily support needs are provided for.

Why EHCPs are important for wheelchair users (and their parents)

Each young person is different, with their own requirements and challenges. An EHCP provides clarity about what those needs are and what support is required for every young wheelchair user to achieve their potential.

It starts by understanding your child’s needs. When it comes to creating an EHCP, you will need to think strategically.

You can break needs into categories, including: 

• Physical access needs,
• Equipment requirements,
• Support for personal care,
• Mobility and fatigue issues
• Therapy or medical needs.

Your EHCP needs to be as clear, accurate and as comprehensive as possible. OWe recommend that all needs are captured and included in the EHCP. This will give you the best chance of getting the support you need.

How to start the EHCP process

Any parent can request an EHCP needs assessment. You can do it on your own, but it’s better to work with your child’s school through the EHCP process.

To kickstart the process, you can email or speak to the SEN lead at your child’s school. In the letter you can include:

• Why you believe your child needs more help than school alone can provide
• Why medical, OT or physio reports
• Examples of challenges your child faces

In most cases, the school should help you with the EHCP. But you don’t need their permission. If you prefer to do it yourself, you can request an assessment from your local authority.

Once you’ve applied, the whole process should take about 20 weeks to complete. The system is under pressure and it can take longer, depending on your local authority.

We’re now going to get into some specifics about completing the form. (We’re only going to focus on the areas you need to go into detail, not basic information which you can fill out yourself.)

Needs that should be included (Section B)

This section is where you’ll need to include the child’s specific needs. Consider their experiences of education – and what support they might need.

It’s important to involve the child in this as much as you can (and they want).

Some of the things to consider include:

• Access around the school
• Support for lifting, transferring and toileting
• Fatigue, stamina and pain issues
• Physiotherapy or occupational therapy needs
• Safety and evacuation planning
• Help managing equipment (including the wheelchair)

This list is just to give you an idea of what to include. You can add whatever you want to it.

Provision that should be guaranteed (Section F)

This is the legally enforceable part of the EHCP. If it’s included in the EHCP, it’s going to be delivered for your child. You’ll want to include:

• Specialist seating, adjustable desks, hoists
• Manual-handling support
• 1:1 or shared adult support
• Regular physiotherapy or OT input
• Safe, accessible transport
• An evacuation plan that actually works

If it’s not written down clearly and specifically then the support isn’t going to be guaranteed.

Many parents run into problems because they either fail to define what support is needed, or forget to add essential details. 

What happens during an EHCP assessment

The EHCP process is a long and involved one. During the process, several professionals will be asked to assess your child. 

Your child may be seen by:

• An Educational Psychologist
• A physiotherapist or occupational therapist 
• Other health professionals (if relevant)

Sometimes, it can feel like the process takes over – but remember, you’re a part of it. 

Your contribution must be included and you will be listened to. It’s worth keeping a record of all interactions you have and keep all correspondence, including letters, emails and notes of phone calls. This can help you in the future if you do need to make an appeal.

How to write a strong parental contribution

You’ll be asked to write a personal statement as part of the EHCP process. You know your child better than anyone, so be as clear and honest as possible. You can take notes to ensure you include everything and shape your statement. 

The parental contribution is your opportunity to explain the reality of your child’s everyday life, in your own words. 

Some of the things you might want to include in the statement are:

• What your child finds difficult and why
• How moving around school affects their learning or energy levels
• What a bad day looks like
• What support really helps
• Examples of situations where they are unsafe or excluded

You need to support each statement with an example. Be honest and specific. Describe the situation as accurately and clearly as possible. But try to avoid overstating or exaggerating things.

What good provision looks like

An EHCP is about ensuring your child has all the support in place to thrive. The support you request must be specific, clear and measurable. 

A strong EHCP for a wheelchair user will include practical, everyday support including things like:

• Full access to all classrooms and facilities
• A suitable, accessible toilet
• A trained adult to help with transfers, mobility or personal care
• Safe routes around school (no last-minute detours because of stairs)
• A working lift and an evacuation plan
• Support for trips, clubs, and PE lessons
• Regular therapy as needed

These needs will be specific to your child and may change. Include everything you think your child needs, and consider how their needs might change in the future. This is important as they start to become more independent.

Learn how to advocate confidently

During the EHCP assessment process, you’ll be asked to speak on behalf of your child. This can be nerve wracking.

You don’t have to go into meetings alone. You can bring another parent, a friend, or someone who can take notes. Having some emotional support on hand can help you.

Here are a few helpful tips from the experts:

• Prepare a short list of your key points.
• Ask for clarification when things are unclear.
• Don’t be rushed into agreeing.
• Focus on your child’s needs, not budgets.
• Ask for everything to be put in writing.

Pushing back to get the support you need

An EHCP can feel a bit like a negotiation (or a compromise). Sometimes you’ll hear things like “We don’t have the budget” or “We don’t usually offer that.”

EHCP provision is based on need, not cost. If your child needs it, you should request it.

During the EHCP process, you can challenge:

• Delays
• Missing assessments
• Vague wording
• Refusal to assess
• Refusal to issue a plan

Your local Special Educational Needs and Disabilities Information Advice and Support Service (SENDIASS) can help. You can find details on your local council’s website.

If needed, you can appeal to the SEND Tribunal. Parents win around 95% of cases, because they’re usually right.

What happens at appeals and tribunals

In some cases, you won’t get an ECHP or you may find that it doesn’t contain everything that you believe your child needs. 

As a parent, you have the right to an appeal. You can appeal:

• A refusal to assess
• A refusal to issue an EHCP
• The contents of an EHCP

You have the right to appeal if you believe your EHCP process hasn’t been fair or doesn’t include everything it should.

Many appeals don’t ever reach the hearing stage because the local authority settles or comes to an agreement. 

Parents tell us that this process can be time consuming and frustrating, but it is worth persevering to get the best outcome for your child.