Back to school: ensuring adequate provision in Education, Health and Care Plans-Russell-Cooke-News-2025

Back to school: ensuring adequate provision in Education, Health and Care Plans

Erin Smart, Associate in the Russell-Cooke Solicitors, family and children team.
Erin Smart
3 min Read

As schools reopen after the summer break, families across the country are preparing their children for a new academic year. For children with special educational needs and disabilities (SEND), this transition can bring both excitement and significant challenges. 

Central to ensuring their success and wellbeing is the Education, Health and Care Plan (EHCP) - a legal document that outlines the specific support a child is entitled to in order to meet their individual needs. In this briefing, associate Erin Smart explains why EHCPs matter, common obstacles faced by children and families, and how they can be supported. 

The role of EHCPs in a successful start to the school year

An EHCP is more than just paperwork; it is a roadmap for a child’s educational journey. It sets out:

  • The child’s unique strengths and challenges.
  • The support and adjustments they need in school.
  • Targets to help them make progress.
  • The roles of health and social care in supporting the child’s development.

Returning to school is the perfect moment to revisit the EHCP and check that the provisions listed are being properly implemented. Without accurate and up-to-date provisions, children may struggle unnecessarily - both academically and socially.

Common issues families face

Parents and carers often find that the support written in the EHCP is not fully delivered in practice. Common concerns include:

  • Staffing gaps: teaching assistants or specialist staff may not be available as outlined.
  • Outdated plans: a child’s needs may have changed, but the EHCP has not been reviewed accordingly.
  • Lack of communication: schools, therapists, and parents may not be working together consistently.
  • Transition worries: moving from one class, year group, or school can cause anxiety if preparations aren’t in place.

What schools and families can do now

To ensure children return to school with the right support in place, the following steps can help:

  1. Review the EHCP together. Parents should take time before or just after the start of term to revisit the EHCP. Does it still reflect the child’s current needs? Are the strategies realistic for the new classroom environment?
  2. Meet with key staff early. A meeting with the SENCO (Special Educational Needs Coordinator), class teacher, and any relevant support staff helps set expectations from day one. This is also a chance to flag any concerns about provision not being delivered.
  3. Monitor provision regularly. It is not enough for an EHCP to exist on paper - families and schools should check throughout the term that support is happening in practice. Keeping a simple log of adjustments and interventions can help.
  4. Encourage pupil voice. Children and young people with SEND should be encouraged to share their feelings about what works and what doesn’t. Their perspective is vital in shaping effective support.
  5. Request an early review if needed. If a child’s needs have changed significantly, families can request an EHCP review rather than waiting for the annual cycle. This ensures the plan stays responsive.

Building confidence for the year ahead

Returning to school should be a positive experience for every child. For those with special educational needs, ensuring that EHCPs are accurate, up-to-date, and fully implemented can make all the difference. With the right support in place from the first day back, children can thrive both academically and socially, while parents and carers gain reassurance that their child’s rights are being met.

By working together - families, schools, and local authorities - we can ensure that EHCPs are more than just documents: they are the foundation of inclusive, supportive, and successful learning experiences.

About Erin

Associate Erin Smart advises on a wide range of educational issues and specialises in special educational needs, including assisting clients to apply for Education Health and Care (“EHC”) needs assessments and EHC plans.

Education law newsletter—September 2025
News

15.09.2025

Education law newsletter—September 2025

Welcome to the first edition of the education law newsletter, where we explore the challenges families face at the start of a new school year.

Eva Akins, Partner in the Russell-Cooke Solicitors, education law team.
Eva Akins
1 min Read

Get in touch

If you would like to speak with a member of the team you can contact our education law solicitors on +44 (0)20 3826 7528 or complete our enquiry form.

Briefings Education law