Education, Health and Care Plans - Why do section D and H matter?

When an Education, Health and Care (EHC) plan is issued with Sections D and H left blank, it rarely indicates a child has no needs. More often, it shows that a child’s social care requirements have never been IDENTIFIED.

It seems pretty obvious - but we all know a child’s needs do not end when the school day finishes so it makes sense that support must be viewed holistically. Social work assessments are the key to this; they capture the ‘bigger picture’ and provide a comprehensive overview of the child concerned, within the context of their daily living and family life.

However, many parents say that they’ve been turned away from statutory services. Some haven’t even got through the front door for an assessment because the don’t meet a certain threshold - as an example, their child’s condition does not appear on a ‘specific list’….But these internal policies often contradict the law. 

Section 17 of the Children Act 1989 automatically recognises children with disabilities as ‘children in need’, which means Local Authorities have a legal duty to assess. Furthermore, Section 2 of the Chronically Sick and Disabled Persons Act 1970 sets out duties to provide specific services that are necessary, which are often overlooked during the EHCP process.

Understanding these legal frameworks is therefore important for securing the right support, and this is where independent social work becomes an invaluable asset. ISW’s are experienced professionals who apply the law in its purest sense, dedicating the necessary time to write robust, evidence-based reports. So if you are currently assisting a family in changing or challenging an EHC plan, the input of an ISW can be game changing. 

If you require a social care assessment, please get in touch to arrange a free 20-minute consultation.