EHCP Section by Section Explained
In order to protect a child’s interests, we successfully held a Local Authority to account with a Tribunal’s ruling, which they had previously failed to comply with. Here we explain each section of the EHCP.
Interim Head of Education Law
The use of Applied Behaviour Analysis (ABA) can divide opinions but Simpson Millar’s specialist solicitors within our Education Law team have been instructed in many cases where there has been evidence of its success. Just one example of this is when we acted for the parents of a six year old girl who we will refer to as J throughout this article for the purposes of maintaining client confidentiality and privacy.
J was six years old and had been attending a mainstream primary school academy for two years. She had been given a diagnosis of Autism Spectrum Disorder (ASD) with severe language and communication skills delay. Despite having an Education Health and Care Plan (EHCP), her mother was concerned that she was not making the expected progress and she felt that this was because of the EHCP in place for J failing to provide the necessary support that J required.
Through the annual review process, J’s parents had sought amendments to J’s EHCP to include an Applied Behaviour Analysis provision, as well as a personal budget in which to fund the required ABA specialist support. J had already been receiving some support through ABA outside of school and her parents had seen a marked improvement since the beginning of receiving this report. As such, J’s parents therefore considered that such support would be beneficial for J in school too.
The Special Needs Education Co-Ordinator from J’s school attended at the annual review and confirmed to the Local Authority that the school was in support of J receiving ABA in school as they considered that it would be beneficial for her to receive. In addition to this, they felt that it could be easily provided within their school without any issues arising.
Unfortunately, however, the Local Authority did not agree with the assessment of the school . Additionally, it appeared that they did not agree with the experience of J’s parents that the ABA that J had received so far at home would be helpful to her and would aid her further in her progression at school. The professionals involved in devising and implementing the ABA programme were also in support but despite this, the Local Authority unfortunately refused to fund such support.
Simpson Millar Solicitors. (n.d.). "EHCP Appeal." Retrieved from https://www.simpsonmillar.co.uk/education-law-solicitors/ehcp-appeal/ (Accessed December 5, 2023)
National Autistic Society. (n.d.). "Applied Behaviour Analysis (ABA) and Autism." Retrieved from https://www.childautism.org.uk/about-autism/applied-behaviour-analysis-aba-and-autism/. (Accessed December 5, 2023)
UK. (n.d.). "Extra SEN Help." Retrieved from https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help (Accessed December 5, 2023)
UK Society for Behaviour Analysis. (n.d.). "Information for Parents/Carers New to ABA." Retrieved from https://uk-sba.org/guidancedocs/information-for-parents-carers-new-to-aba/ (Accessed December 5, 2023)
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