My son is 8 years old and is in Y4 at a mainstream school. He is on a My Plan+. He has sensorineural hearing loss in both ears and wearing hearing ...

My son is 8 years old and is in Y4 at a mainstream school. He is on a My Plan+. He has sensorineural hearing loss in both ears and wearing hearing aids in both ears (the benefit in one of his ears is negligible as it has profound loss ). We have always been advised by our Teacher of the Deaf that we would not be eligible for an ECHP. Is this correct?

Inactive User
20 Jan 2022

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A: SenseCheck

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  • 16 Feb 2022
  • No


    Hi Nancy

    This is not necessary correct, no.  The process to obtain an Education, Health and Care Plan ('EHCP') is two fold - first to request an Education, Health and Care Needs assessment and then once this has concluded the second is for the Local Authority to decide whether or not an EHCP is required for your son.

    The legal test for whether a Local Authority should agreed to an EHC needs assessment request is found at Section 36(8) Children and Families Act 2014:

    (8)The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—

    (a)the child or young person has or may have special educational needs, and

    (b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

    So if your son may have special educational needs and it may ne necessary for special educational provision via an EHCP to be made for him then your Local Authority must agree to undertake the assessment.

    It would then depend on some further information about the impact his hearing loss has on his education, and any other additional needs.

    Victoria Federico

    Victoria Federico
    SEN Solicitor, Russell Cooke Solicitors

  • 24 Jan 2022
  • Yes


    Hi Nancy my son is in Y5 and he is deaf and wears hearing aids in both ears too. He has an EHCP and many aspects of his plan is around his speech and language which is delayed, also the use of BSL to help with his communication and expressing emotions. Emotions and social development is also on his EHCP plan for support to be given. I would not take just that advice and to ask for some assessments to be made for your son. A speech and language report to be done to see where his level is, also I asked for my son to be assessed by an educational psychologist. Reports from other professionals gives you more to work with and the support needed. Being deaf to help your son achieve as best as he may need additional support in the classroom and extra input for his speech and communication progress and an EHCP will be the best to make sure the school works towards targets to be set, maybe a one to one support to assist in class? BSL tuition which my son loves learning as another way to communicate to help with interaction, expressing emotions and confidence. An ECHP put in place at primary can help when your son starts secondary school too so that if follows on with support needed. to get some advice to make sure if it is needed to be put in place.  I would get further advice to find out from other professionals. There was a brilliant documentary on last week which can be found on BBC I player a documentary See Hear BBC iPlayer - See Hear - Series 41: 12. Deaf, Little and Loud

    Its shows deaf children in primary school learning and using BSL and the benefits for communication and interaction. Having an EHCP in place gives you more scope to put in place what's needed for you son and you can make sure the school are putting in place what is needed. 


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