.jpg)
The University of Liverpool Law Clinic has helped a local family secure clearer support for their child after concerns were raised about unspecified provision in their Education, Health and Care plan (EHC plan).
The child has a rare genetic condition and requires a high level of one-to-one support throughout the school day as well as ongoing input from professionals including occupational therapists, speech and language therapists, a physiotherapist and a specialist teacher.
When the family received the EHC plan, it did not state how many hours of support their child would receive. After raising this with Lancashire County Council, they were advised that support hours are not usually specified. The family then sought free, confidential advice from the Liverpool Law Clinic.
The Clinic helped the family write to the council to explain that an EHC plan should clearly set out the support a child will receive, including how much and how often. This ensures children’s needs are met and enables schools to access the funding they require.
The letter also highlighted that the law requires local authorities to detail the support each child needs and any policy to not do so would go against this.
Following the Law Clinic’s involvement, Lancashire County Council clarified that it does not have a policy of leaving support hours unspecified and acknowledged that clearer communication would be beneficial in future. The council confirmed that it had reviewed the matter internally and would arrange training on the matter and take steps to avoid misunderstandings. It also agreed to review the child’s EHC plan to ensure the required hours of support are clearly stated.
As a result, the family are now working with the local authority to ensure an updated EHC plan is issued that accurately reflects their child’s needs.
Reflecting on the impact of the Law Clinic’s support, the family said: "We felt like we had been hitting a brick wall as we were told the local authority had a policy to never specify the amount of provision needed. The support from the Law Clinic has enabled us to start working constructively with the local authority on developing a plan that properly specifies and quantifies all the support our daughter needs.
We hope that by sharing this information it will help other parents in Lancashire in a similar situation do the same".
The case highlights the importance of ensuring that every child’s EHC plan is detailed and specific. Where a plan lacks clear information about the support a child will receive, families may be able to request clarification or challenge it through the Tribunal. If a local authority were to adopt a blanket approach of not specifying hours, this could also be open to a legal challenge.
If you or someone you know is facing a similar issue you can contact the Law Clinic for free confidential advice. Appointments for this semester have now been filled but will open back up again in the New Year. Priority is given to families based in the Merseyside area. More information can be found on the Liverpool Law Clinic website.