The statutory process for EHC needs assessment
View the Statutory Process for EHC needs assessment flowchart (PDF, 519 KB)
Weeks 1-6
SENDAR will let you know once they receive the request for EHC needs assessment. They have six weeks to consider the request.
The request will be considered by the statutory assessment panel (PDF, 382 KB).
The panel will consider:
- Your views and the views of your child
- Evidence of your child’s academic attainment and progress
- What action the education setting has already taken to meet need
- Evidence of your child’s health, emotional and social care needs
The panel will decide whether an EHC needs assessment is required.
If the local authority’s decision is that an EHC needs assessment is not needed, they will tell you why.
If you are not happy with the decision, you can seek mediation and make an appeal.
Weeks 6-16
If the local authority’s decision is that an EHC needs assessment is necessary, they will request advice from relevant professionals to provide more in-depth information about your child or young person’s education, health and care needs.
The local authority must ask for advice and information from a range of people. This is set out in Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014 and include:
- The child's parent or the young person
- The educational setting or the person responsible or the educational provision
- Psychological advice from an educational psychologist
- Medical advice from a health care professional
- Advice and information related to social care
- Advice and information from any other person the local authority thinks appropriate
- Where the young person is in or beyond Year 9, advice and information in relation to preparation for adulthood and independent living
- Advice and information from any person the parent or young person reasonably requests that the local authority seek advice from.
The local authority will carefully consider all the relevant information and advice they receive so that they can make an informed decision on whether to issue an EHC Plan. This decision is taken by the statutory assessment panel.
This process has a strict timeline. A decision should be made within 16 weeks of the original request.
If the local authority decides not to issue an EHC Plan, they will let you and your child or young person’s education setting know. They must give reasons for their decision.
The local authority will use the information gathered to issue a provision summary for your child or young person. This sets out the additional support that the education setting should provide from their existing funding.
If you are not happy with the decision, you can seek mediation and make an appeal.
Weeks 17-20
If the local authority decides that an EHC Plan is necessary, they will send you a draft EHC Plan together with a copy of all the advice and reports collected during the assessment.
The EHC Plan describes the special educational needs that your child or young person has and what provision is required to meet those needs to achieve the specified outcomes.
The EHC Plan also includes the health and care needs that your child or young person may have, and any health and care provision required to meet those needs.
You will have 15 days to consider the draft EHC plan and give your views on the contents.
You will be asked to request the educational setting you would like your child or young person to attend. If a decision is required on a specialist setting this will be considered by the high needs panel (PDF, 382 KB).
Section 9 of the Education Act 1996 states that:
the local authority must have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure
The final EHC Plan should be issued within 20 weeks of the initial request.
You also have a right to appeal if you are unhappy with the decision made by the local authority on the contents of the plan, the placement or the type of placement named in the EHC Plan.