EHCPs and SEND Law
What is an Education, Health and Care (EHC) Plan, and how do you get one for your child?In this episode of the All Aboard ADHD podcast, we get the facts on EHCPs and SEND (Special Educational Needs and Disability) law with expert guest, Douglas Hamer. Douglas breaks down the legal essentials of EHCPs: what they are, how to get one, and what to do when things get complicated. We also touch on school placements, home education and EOTAS (Education Otherwise Than At School). Douglas is a specialist SEND solicitor who brings both professional expertise and lived experience of neurodivergence, to his work supporting families. Douglas's work focuses on EHCPs, ensuring they secure the right provision and placement for the child or young person, as well as ensuring they're worded robustly to protect the child or young person in the future.This episode is packed with key facts on the legalities of EHCPs and SEND law, along with guidance and insight for parents navigating this complex and often difficult system. Douglas walks us through: Understanding EHCPs - Douglas lays out the specifics of your legal rights, busts some myths around who can request an EHC Plan and also explains that an EHC Plan shouldn’t be seen as a "golden ticket”, rather, it is an important legal right to necessary provisions for children and young people.Your Legal Rights - Douglas elaborates on your legal rights under the Equality Act and the different provisions available under an EHC Plan, such as specialist teaching, speech and language therapy, occupational therapy, and psychological input. He also provides key details on how special educational needs are identified, the threshold for requiring an EHC Plan, plus how EHC Plans are funded.How to get an EHC Plan - If you suspect your child might need an EHC Plan, Douglas provides insight into how to request a needs assessment, what you can expect from a SENCO, and how the SEND Code of Practice works to continually assess whether your child is getting the right support.Why EHC Plan requests are often refused - and crucially, what parents can do about it. Douglas stresses the importance of “not taking no for an answer”, maintaining a paper trail of evidence, and appealing decisions to the SEND tribunal.How to draft an EHC Plan - Douglas advises parents on how to include specific and measurable provisions, plus he describes what role independent educational experts play in the assessment process.Naming a preferred school in an EHC Plan - Douglas discusses why parents should consult with appropriate schools to provide a list for the local authority to consider, the challenges of securing placements in expensive independent schools, and the potential for appeals.The difference between elective home education (EHE) and EOTAS (Education Otherwise Than At School) - Douglas outlines what options parents have available as alternatives to traditional school placements, plus their parental legal obligations to educate their children vs the responsibility of the local authority. He also describes how the goal of EOTAS and EHC Plans is ideally to eventually support children to return to bricks-and-mortar education.Douglas’ personal journey - he also shares his experience of being diagnosed with dyspraxia at 13 and later with ADHD and Autism, plus how this understanding has helped him develop his own coping mechanisms, and improve his emotional regulation and relationships.This is a must-listen for all parents of SEN children, no matter where they are on their journey, providing a wealth of factual legal guidance on how to navigate a tricky system and still get the right educational support in place for their child.To find out more about Douglas and his work, head to: https://www.geldards.com/our-people/douglas-hamer/
UK