My Plan vs Education, Health and Care Plan (EHCP)

We wrote recently about Devon County Council making use of a “My Plan” as a form of support for children with special educational needs (SEN). 

In summary, we expressed a view that the “My Plan” could be a useful tool to support children and young people who are ineligible for an Education, Health and Care Plan(EHCP). However, what concerned us was that the local authority (LA) was using the “My Plan” as a replacement for EHCPs in mainstream schools and that a child had to ‘prove’ their need for an EHCP by first going through a “My Plan”.

These changes all stem from the introduction of the Children and Families Act 2014 which means that Statements of SEN are being phased out and replaced with EHCPs.

This morning we received an anonymous letter from a SENCo in Devon, enclosing an anonymised letter to a parent in Devon. The letter we received is here.

It makes for troubling reading:

• The local authority (LA) is completing the transition from a Statement to an EHCP without any substantive assessment. This is clearly unlawful. We previously wrote about how a Statement should turn into an EHCP.

• SEN officers in Devon are contacting parents to advise that the “My Plan” does the same job as an EHCP, making the EHCP unnecessary. This is clearly unlawful. If the criteria required for an EHCP are met then an EHCP should be issued. Issuing an alternative, non-statutory document is unlawful.

• The LA educational psychologists (EP) assessments amount to the EPs having a brief chat with the child involved. The Regulations about the assessments are not clear about what “assessment” actually means. However, the language in the new Regulations is the same as under the Education Act 1996. As such, the same understanding of “assessment” applies. In our view, a brief chat with the child does not amount to an EP assessment. Equally, the EP is only one of many professional assessments required for an EHC needs assessment.

• The letter sent by the LA to the parents involved (page 2 onwards here) states “the [LA] believes an EHC Plan is not required [because] … you would like [child’s] needs to be met via a ‘My Plan with the same level of support that he is currently receiving”. The former MP, Edward Timpson, made it clear that a child with a Statement would be expected to move to an EHCP and would not lose this statutory support, unless it was clear that they no longer required that level of support. This is reiterated within the statutory guidance. The letter from the local authority clearly shows that the same level of support will be provided under the “My Plan” as under the Statement. If that is the case, the child must receive an EHCP because clearly that level of support is needed. Ceasing the Statement and issuing a “My Plan” seems to us to be clearly unlawful and contrary to statutory guidance and statements given by the MP responsible for the reforms.

We do not know who sent us the letter. Hopefully they will see this post.

We would urge the parents involved in this case, and any parent receiving similar letters, to make representations to their local authority about the unlawful behaviour. It may also be appropriate to take legal advice on the matter.

Three families have contacted us after our last post. We are interested in hearing from any further families who have been affected by “My Plans”, particularly in Devon.