Social Care and Education, Health and Care Plans (EHCP)

Children or young people with special educational needs and/or disabilities may have an EHCP maintained by their local authority. The link between EHCPs and social care, in particular, can be complex. Here is a summary of key points to be aware of:

• Before an EHCP is issued, a local authority must carry out an EHC Needs Assessment. Part of this assessment involves getting advice from social care. A response of “not known to this service”, or similar, is insufficient. It is also irrelevant if the child or young person has not received prior social care input.

• On preparing a draft EHCP, section D must set out the social care needs as identified during the EHC Needs Assessment. It may be that the child or young person has no assessed social care needs, however, in our experience, this section is usually blank because relevant information has not been obtained.

• Section H of an EHCP is divided into two sections – H1 and H2 respectively.

• Section H1 concerns social care provision for children and young people under the age of eighteen and detailed under s2 the Chronically Sick and Disabled Persons Act (CSDPA) 1970. Examples of provision can include:

• Support at home, e.g. for personal care
• Travel support to access community activities
• Adaptations to the home

If provision is listed under H1 then the local authority is legally required to provide this as social care provision under CSDPA.

Directing parents or carers to the local authority’s ‘local offer’, an online resource which lists support and services available within the borough, is not the same as detailing provision for that individual child or young person.

• Section H2 must set out any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs. This is provision that is reasonably, not legally, required. Section H2 covers any provisions not applicable under H1, such as residential short breaks.

• Section H2 needs to detail adult social provision for young people over the age of 18. This should follow an adult care assessment as part of their transition from children’s services.

• Any provision that educates or trains the child or young person must be under section F as special educational provision. Examples may be provision to support a child or young person’s self-care skills in the home, so they are able to develop their independence rather than rely on others.

We recommend getting specialist legal advice if you have a query around EHCPs and social care. The Boyes Turner Education Team can be contacted on 0118 467 6547 or via senexpertsolicitors@boyesturner.com.