The statutory process for EHC needs assessment
The process for an EHC Needs Assessment should take 20 weeks to complete. Full details of the process can be found in Chapter 9 of the SEND Code of Practice, you can also view the Statutory Process for EHC needs assessment flowchart.
A summary of the process can be found below.
Weeks 1 to 6 - Decision on whether an EHC needs assessment is required
SENDAR will let you know by email when they have received a request for a EHC needs assessment. They have up to six weeks to consider the request.
Requests are considered by a team of professionals within the local authority and your request may also be considered by the statutory assessment panel.
As part of your request, the team will consider the following things to help decide whether an EHC needs assessment is required:
- 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.
If the local authority’s decision is that an EHC needs assessment is not needed, they will write to you to explain the decision. If you are not happy with the decision, you can seek mediation and make an appeal. You will also be invited to book a conversation to discuss the decision in more detail within seven days of receiving the outcome. This does not stop or change your right to appeal.
Weeks 6 to 12 - Assessment
If the local authority’s decision is that an EHC needs assessment is necessary, they will call or email you to let you know of this decision.
Requests for advice are then made to relevant professionals who will provide more in-depth information about your child or young person’s education, health and care needs if appropriate.
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 includes:
- The child's parent carer or the young person
- The educational setting, the person responsible or the educational provision
- Psychological advice from an educational psychologist
- Advice and information in relation to social care
- Medical advice and information from a health care professional if identified
- 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.
These professionals should contact you and the setting (if attending) to organise these assessments. Following the assessments they will share with you a copy of their report.
Assessments follow an evidence-based pathway and reflect the professional findings of the relevant service. If you have any questions regarding the assessment or the report, please liaise with the relevant service directly at this stage.
Please note, you will not hear from the SENDAR service during this time, and they will not be able to tell you when your assessments will take place as these are coordinated by the individual services.
Weeks 12 to 16 - Decision on whether an EHCP is required and drafting of the plan
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 a team of professionals.
This process follows a statutory timeline which means a decision should be made within 16 weeks of the original request.
The local authority will communicate the decision to you and the setting and may invite you to attend a conversation to further discuss this decision.
If the local authority has agreed an EHCP, they will share a EHCNA working document ahead of the conversation to support the discussion.
If the local authority decides not to issue an EHC Plan, 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
Week 16 - Draft plans
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 as set out in the professional reports.
The EHC Plan also includes any health and care needs that your child or young person may have, and any health and care provision required to meet those needs as advised by the relevant services.
You will have 15 calendar days to consider the draft EHC Plan and provide any further views on the contents.
You do not need to consider any other settings for your child, however if you would like to express a preference for a different setting, you will be asked to do this as part of the consultation process.
Weeks 16 to 20 - Consultations and finalising the EHC plan
The local authority consult with schools to enable them to ensure that the provision within the plan can be met. The local authority will automatically send the draft EHC plan to your child’s current setting. In most cases, children remain at their current mainstream setting within their local community. The benefit to this is that children and young people are familiar with the local environment and surroundings. From a setting perspective, it also allows for consistent delivery of the graduated approach using any additional provision in their plan.
The local authority will also consult with any parental preference settings, along with others the local authority deems potentially appropriate. The settings are given up to 15 calendar days to respond. If the consultation process takes longer than 15 days, this will not prevent the local authority from finalising the plan in line with statutory timescales, which will enable your child's current setting to access funding to deliver the provision in their plan.
The local authority will consider responses to consultations and if appropriate refer to the high needs panel for a placement decision.
The final EHC Plan should be issued within 20 weeks of the initial request, naming the education setting.
You 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.