Special Educational Needs

The department recognises that the education, health and care (EHC) plan review process can be a stressful time in the lives of children and families and that this can have an impact on their mental health.

We expect local authorities to work closely with families when reviewing EHC plans, to support them in the process and to make decisions in a timely fashion, as they are required to do by law. The current Ofsted and Care Quality Commission area special educational needs and disabilities (SEND) inspection framework includes inspecting practice on reviews.

The department has consulted on proposals to strengthen the SEND system. In this, we proposed making the EHC plan reviews process clearer, more reflective of the voice of the family, and bringing in the right expertise and knowledge of experts. We also proposed changing the frequency of reviews for school-age children, alongside more frequent reviews of the Individual Support Plan.

Families would continue to have the right to appeal to the tribunal about the local authority’s decision to maintain, amend or cease a plan following a review of an EHC plan. We would also update the inspection framework to align to the clarified statutory roles that local authorities and integrated care boards will have in relation to children and young people with SEND.

We carefully assessed the impact of all our proposals and this is included in our published ‘SEND reform: equalities impact assessment’ and SEND reform child's rights impact assessment which are available here: https://consult.education.gov.uk/send-strategy-division/send-reform-putting-children-and-young-people-firs/supporting_documents/send_reform_equalities_impact_assessment_pdf and https://assets.publishing.service.gov.uk/media/69985b75047739fe61889ebe/SEND_reform_child_s_rights_impact_assessment.pdf.