Applying for an EHC Needs Assessment and Plan

If your child is not making expected progress despite existing SEND support, or if their needs are not fully understood, you can request an Education, Health, and Care (EHC) needs assessment. This may lead to an Education, Health, and Care Plan (EHCP), although it is not guaranteed.

What is an Education, Health, and Care Plan (EHCP)?

An EHCP is a legal document for children and young people aged 0 to 25 with SEND who need more support than their school can provide. It outlines their educational, health, and social care needs, the support required, and their learning goals. The named educational setting must follow the EHCP.

What is an EHC Needs Assessment (EHCNA)?

An EHC needs assessment looks closely at your child's SEND and the support they need. The process usually takes 20 weeks and can be requested if your child is in education or an apprenticeship (but not higher education) and under 25. The assessment might result in an EHCP or provide useful information and advice to support your child’s needs.

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1-6 weeks

The local authority processes your application. You need to give your written consent to share information with the other bodies who will be involved in the EHCP process.

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Within 6 weeks of making the request, you will receive a letter from your local authority with a decision about the request for an EHC Needs Assessment. If they feel that this is not necessary, the letter will explain why not. LAs frequently get confused between their policies and what the law says. Law triumphs policies. You can accept the decision, or you can appeal the decision to SENDIST. You can also request a meeting with an LA officer to discuss the decision. You have 2 months to appeal to SENDIST from the date of the decision letter from the LA. You will need a mediation certificate before you can lodge an appeal and it is important that you do not miss the appeal deadline.

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Do not let the LA persuade you not to appeal, even if they say they will reconsider the decision at a later date – appeal!

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If the EHCP needs assessment is submitted and accepted, the local authority will seek information from:

• The child’s parent/s

• The child or young person – their views, wishes and feelings

• The person who has submitted the request if not the parent i.e., the school

• People in your child or young person’s current educational environment, usually the class teacher, SENCo or Headteacher.

• A representative from social care, usually a social worker

• A health care representative, such as a paediatrician

• An educational psychologist

• Any other professional involved with the child or young person that the LA thinks is appropriate

• Any person the child’s parent or the young person reasonable requests

Contacting each of these relevant parties and receiving their advice and information can take up to 6 weeks.

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Assessment & evidence gathering

6-12 weeks

Those who are contacted for information related to the EHC needs assessment, have 6 weeks to respond. This is a legal requirement regardless of waiting lists or a shortage of professionals to carry out the work.

As the information from the above is received, the LA should decide whether or not to issue an EHC Plan and reach this decision by week 12. By week 12 the Local Authority should decide if it will be able to start drafting the EHCP. This draft will be sent to the parents and all those who contributed advice and information to the EHC Needs Assessment.

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Weeks 13-16

If by week 12, the LA has decided to issue an EHC Plan then it must issue the draft version by week 14, sending a copy to parents and all those who contributed to the EHC Needs Assessment. The draft EHCP should be sent along with all of the information and advice received during the EHC Needs Assessment process.

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Once the draft EHCP has been issued, the parents have 15 days in which to respond to the draft with their comments and changes, to name the type of school (mainstream or special) and/or the specific school they want named in the EHCP and to request a meeting with the LA if they would like to discuss the EHCP.

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Once the LA has received the parent’s decision about school placement then they must consult with the school specified by the parents and the school must respond with its decision within 15 days. All responses from schools will be shared with the parents. The LA can refuse to specify the school of parental preference in the EHCP, but this is a decision that must be based on the specific legal principles, which is often ignored by the LA! Essentially a placement at a school can only be refused for reasons relating to how the admission of the child or young person might affect the education of children already enrolled, or whether the preferred school does not represent a good use of the LA’s financial resources.

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If by week 12 the LA decision was to not issue an EHCP then it must notify the parents of this decision and of their right of appeal; this must be done by week 16.

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Draft Plan

Weeks 17-20

Between week 17 and week 20 the LA should issue the final EHCP. A copy should be sent to the parents and to the school named in the EHCP, where the child or young person will be attending.

The letter sent with the final EHCP should also set out details about the right of appeal if you are unhappy with the contents of the EHCP. It will provide other details such as information about mediation.

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The 20-week deadline is a legal deadline and any extension beyond the 20 weeks is limited to specific exceptions that rarely apply but LA’s like to try their luck. Waiting lists, staff shortages, lack of response from professionals – none of these are lawful reasons for extending the 20-week process. The 20-week process is the maximum amount of time and the regulations say that decisions must be made as soon as is practicable, so sooner where possible!

What if I am Refused an Assessment?

If your request is refused, you can:

• Appeal the decision to the SEND tribunal.

• Revise your request with more detailed information.

• Meet with the school to discuss additional support.

Choosing a School or Setting

Children with an EHCP can attend mainstream schools or, if their needs are more complex, specialist provisions. While the EHCP is in draft form, your child remains at their current setting. You can express your school preference to the local authority during this stage.

Using Private Assessment Reports

Private assessment reports can be submitted to the local authority as part of the EHC assessment process.

Existing EHCPs and Reviews

Once finalized, an EHCP is a legal document that must be followed. It should be reviewed at least annually (every 6 months for children under 5), with transition reviews in years 6, 9, and 11.

Steps to Take if Unhappy with the Process or Plan

If dissatisfied with any EHCP decisions, you can appeal to the SEND tribunal within 2 months of the decision letter or 1 month from the mediation certificate, whichever is later. You can appeal against:

• Refusal to assess

• Refusal to issue a plan

• Contents of the final plan

• Placement named in the plan

• Plan cessation

Consider mediation with the Torbay Council before appealing to the tribunal. For more information on tribunals, visit our appeals and mediation page. If outside the appeal timescales, request an early review of the EHCP by speaking to the SENCO or contacting the local authority.

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