EHCP social-care sections D, H1 and H2

Section D identifies social-care needs related to SEN or disability. H1 records provision required under section 2 of the Chronically Sick and Disabled Persons Act 1970 for an under-18. H2 records other relevant social-care provision. A need and the service that meets it are different things and should be connected clearly.

01Practical guidance for families in England

02D: describe the need

Explain the child or young person’s needs in daily life, such as personal care, safety, relationships, participation or independence where relevant. Identify the assistance, supervision or adaptations needed and the effect of current support. Include the individual’s views and distinguish their needs from a general description of family strain.

Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.

03H1: identify the particular statutory duty

H1 concerns social-care provision that must be made for an under-18 under section 2 of the Chronically Sick and Disabled Persons Act 1970. Whether a service belongs here depends on the assessment, the provision and the legal duty. Do not assume all children’s social care belongs in H1 or that a service label alone determines the answer.

04H2: identify other relevant provision

H2 covers other social-care provision reasonably required by the learning difficulties or disabilities resulting in SEN. This may include relevant adult social-care provision for a young person. The transition to adult services needs planning; simply reaching 18 does not establish that the same service or funding arrangement continues unchanged.

05Check the educational function

Provision that educates or trains is treated as special educational provision under section 21(5) of the Children and Families Act 2014 and belongs in F. Ask what the support actually does. An independence programme may have an educational function; ordinary care or respite does not automatically become F provision.

06Choose the correct challenge route

Draft representations, statutory social-care review or complaint routes, and a qualifying SEND appeal may address different issues. Tribunal health and social-care recommendations differ from binding educational orders. Check both the underlying duty and the available route, particularly where support is currently absent.

07Check the documents for this stage

Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.

08Use a need, duty and provision schedule

For each issue, record the need in D, the assessment evidence, the proposed service, the legal basis and the correct section. Ask for delivery details and review arrangements. Where the authority disagrees, request reasons identifying the assessment and duty relied on rather than accepting “social care is not part of an EHCP”.

09Before you take the next step

You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.

Free information and additional support

10Choose help for the question you need answered

Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.

11When additional advice may help

Before seeking additional help, write down the decision or wording in dispute, the evidence already available and the deadline. Ask whether you need an explanation of the process, help presenting your evidence, a professional assessment or legal advice. Agree the task and any fee before commissioning work.

Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.

12Related guides and support

Choose the guide for your next question or stage.

EHCP support from Little Nellie’s

draft EHCP review support

EHCP evidence pack

SEND Tribunal preparation support

complete guide to EHCP applications and appeals

Little Nellie’s EHCP support prices

13Official sources and EHCP services

Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contentsSEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decisionFree SEND guidance — https://www.ipsea.org.uk/The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.

Children and Families Act 2014

SEND Code of Practice

appeal an EHC plan decision

SEND35 appeal form

SEND35A refusal to assess appeal form

14Record the next action and who will take it

Record the next task, the person responsible, the deadline and the document confirming it. Keep a copy of anything sent and any acknowledgement. If an agreed action does not happen, use that record to explain what is missing and ask for a dated response.

Frequently Asked Questions

15Is D the place to specify services?

D records needs. H1 and H2 specify the relevant social-care provision, while provision that educates or trains belongs in F.

16Does H1 apply after age 18?

H1 concerns the specified CSDPA provision for under-18s. Relevant adult social-care provision is considered through the appropriate adult duties and H2.

17Can the same evidence inform several sections?

Yes. A social-work assessment can inform needs and different categories of provision. The nature and legal basis of each recommendation determine its place.

18Where can I find free SEND information?

Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.

19What should I prepare before seeking advice?

Prepare the relevant request, decision letter or plan, a short list of the issues, the key evidence and any deadline. State the question you need answered and the action you have already taken. Ask how documents should be shared before sending sensitive records.

20Does this guide apply outside England?

This guide concerns EHCPs in England. Wales uses the additional learning needs (ALN) system and individual development plans (IDPs); use Welsh Government guidance for that process. Scotland and Northern Ireland also have separate systems.