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Writer's pictureBen Slater

EHCP Tier 1 Appeals and the importance of evidence.

Having worked as a centre manager for this with life limiting conditions I have worked closely with children with educational health care plans both in statutory education settings and home-school settings. During appealing an EHCP Appeal the pressures on families to evidence and prove their child's health, social and educational needs can be exhausting.


The legislation that governs EHCPs is the The Special Educational Needs and Disability Regulations 2014, specifically regulation 12.



SEND Child painting

Regulation 12 explains what should be included within an educational health care plan. The first three points of Regulation 12 states:





When preparing an EHCP plan, a local authority must set out—


(a)the views, interests and aspirations of the child and his parents or the young person (section A);


(b)the child or young person's special educational needs (section B);


(c)the child or young person's health care needs which relate to their special educational needs (section C);


(d)the child or young person's social care needs which relate to their special educational needs or a disability (section D);


A Care Act (2014) assessment looks at a person's Communication, Mobility, Nutrition, Household Tasks, Night Time Needs, Personal Tasks, Medical History, Medication, Finances, Community, Relationships, Decision Making, and Identified Risks. Through this comprehensive assessment, we can ensure that we have the evidence for any tribunal to properly consider.


Through the completion of a Care Act (2014) care needs assessment, we are able to comprehensively and holistically identify a child's current health, social and SEN needs, ensuring evidence for Sections A, B, C and D of Regulation 12 of the Special Educational Needs and Disability Regulations 2014. 


At Nellie Supports, we use this comprehensive assessment in conjunction with a care plan (evidencing sections E, F, and G) along with a costs and brokerage review (evidence for personal budgets) and bring this all together in a court-compliant report.


When appealing an EHCP, evidence is key, but it needs to be comprehensive, person-centred and holistic.


For more information contact us on 0333 987 5118 or nellie@nelliesupports.com

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