How long does the process take?

Requesting an EHC Needs Assessment

The child or young person must meet the legal test under Section 36 (8) of the Children & Families Act 2014 for an Education, Health & Care Needs Assessment.

If the LA refuses to carry out the assessment 

If the local authority decides not to carry out an EHC needs assessment, you have the right to appeal to the SEND Tribunal.

The local authority must send you a decision letter explaining:

• their reasons for the decision
• your right to Mediation 
• your right to  Appeal

You can appeal:

• within 2 months of the date on the decision letter, or
• within 1 month of the date on your mediation certificate
  (whichever date is later)

You will also be offered a A Way Forward Meeting, where you can:

• talk through the decision
• ask any questions
• share any additional information or evidence

Information Gathering

When the local authority agrees to carry out an EHC needs assessment, they must involve you and your child or young person throughout the process. This is explained in the SEND Code of Practice section 9.21.

If your views have not already been shared, the local authority should make sure this happens as soon as possible.  As part of the assessment, the local authority will ask for information and advice from different professionals to help them understand:

• your child or young person’s education, health and care needs;
• the goals or outcomes that are hoped for;
• the support that may be needed to help your child or young person reach those goals or outcomes.

If SEND Operations need more information to help with the EHC needs assessment, they will let you know and ask for it. They will also inform the professionals involved that an EHC plan may be developed and ask them to provide any relevant reports or information.

The SEND Regulations 2014, Regulation 6(1), sets out a list of people your LA must get advice and information from during an assessment, these include:

• you (the parent or young person);
• a child/young person’s early years setting, school or college;
• healthcare professionals i.e. doctor or therapist;
• an educational psychologist (EP);
• social care services;
• any other person the local authority thinks is appropriate;
• anyone you reasonably ask them to contact i.e. speech and language therapist, occupational therapist or CAMHS/NELFT.

If a child or young person has a hearing or vision impairment the educational advice must include input from a suitably qualified teacher in that area. This is set out in SEND Regulation 6(2)

9.47 of the SEND Code of Practice states:

The local authority must not seek further advice if such advice has already been provided (for any purpose) and the person providing the advice, the local authority and the child’s parent or the young person are all satisfied that it is sufficient for the assessment process. In making this decision, the local authority and the person providing the advice should ensure the advice remains current.

A local authority financial meeting will then follow to calculate the costings of the provision and a decision will be made as to whether to issue an EHCP or not. 

If the local authority decides an EHC plan is NOT necessary

An EHC needs assessment will not always lead to an EHC plan.  Sometimes the local authority will decide that your child or young person has special educational needs that can be met through SEN Support.  Information gathered as part of the assessment will indicate ways in which the setting can meet your child’s needs without an EHC plan.   

 

If this is the case the local authority must tell you of its decision within 16 weeks of receiving a request for an EHC needs assessment. The local authority must also tell you about your right of appeal.   Parents will be sent a ‘refusal to issue’ letter outlining the reasons, parents right of appeal and rights to mediation. 

If the local authority decides an EHC plan is necessary it must first write a draft EHCP.  A draft plan is circulated to parents/young person for any changes and suggestions.  The Local Authority will give parents 15 days to raise any comments about the draft EHCP plan and name a parental preference of school.  Note that if you do not reply within 15 days, the local authority may assume that you agree with the draft plan.

The local authority will also offer a Proposed Plan Meeting (PPM) once a decision has been made and the draft EHCP has been shared. A PPM will be an opportunity for families and professionals to discuss the content of the draft plan and confirm the information gathered and advise anything they feel is significant to be considered. 

If you are a parent/carer, you can say which school, college or early years setting you would like your child to attend.

If you are a young person (aged 16 or over) you have the right to make your own choice about were you would like to attend.

Choosing a school with an EHC plan

The name of school or type of placement will not be named in a draft EHCP and will only appear on the final EHCP.  

Parents or young person may wish to request a Personal Budget including a request for direct payments - see Section 49 of the Children & Families Act

Following the return of the draft EHCP and any discussions with the LA, the SEND Operations team will then consult with any school/college or other place of learning the parent has requested.  The school or college should respond within 15 days. 

The local authority will then finalise the plan and a school or school type will be named.   Finalising the EHC plan

If the school/college do not respond the LA cannot rely on this to go over the overall time limit of finalising the EHCP within the 20 weeks of the initial request/becoming responsible.

 

In most cases a child or young person will remain in their current place of learning. Issuing an EHC plan does not mean that a child or young person’s place of learning will necessarily change.

When the final EHC plan is issued parents will have the right of appeal, in accordance with Section 51 of the Children & Families Act , to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”) if they are unhappy about any of the following:

• the description of child/young persons special educational needs;
• the special educational provision specified in the EHC plan; and/or;
• the name/type of school or college in the EHC plan or the fact that no school/college is named.

The final EHCP must be sent to the child’s parents or the young person and school or principle of any school/early years provider.

 The EHC needs assessment asks for evidence from the setting, family and any other professionals involved. It must show desired outcomes for the child as well as their strengths and needs and give a clear picture of their current developmental level as well as what the setting has already put into place to support the child.

There may be delays with the Education, Health and Care Needs Assessment process. In the meantime, here are some ways the school can help support your child.

• Keep gathering evidence: Continue to record how your child is being supported at school, what difference the support is making, and any signs that gaps in learning, attendance or wellbeing are increasing.
• Review and improve support regularly: The school should keep using and reviewing the graduated approach (Assess, Plan, Do, Review), even while an EHC needs assessment is ongoing or being considered.
• Clear records -  Keep a written record of any suspensions, reduced timetable arrangements, sanctions, and behaviour management plans. These should be regularly reviewed to ensure the support in place is appropriate and meeting your child’s needs. The school should also be able to provide evidence of the different strategies and interventions they have tried, and show that they have fully explored and exhausted the support available to them.
• One Planning should be in place - if One Planning is not already in place, this should be set up without delay to clearly show your child’s needs, support and targets.
• Show evidence of additional costs: The school should be able to demonstrate that it has spent more than the notional SEN support funding  to support your child.
• Counselling and mentoring: Some schools offer access to a regular counsellor or mentor for children and young people. This support should be considered where appropriate.
• Following good practice guidance: Schools should use good practice guidance and resources, such as Let’s Talk, We Miss You resources, especially where attendance or emotional wellbeing is a concern. Schools should also use training opportunities to learn new approaches and effective ways of working.  Read about Lets Talk Resources on Emotionally Based School Avoidance
• Capturing Parent/carer and child views - You should be fully involved in all discussions about your child’s special educational needs. The SEND Code of Practice is clear that parents/carers and children must be listened to and involved in decision‑making.  Your child’s views are especially important, as they help the school understand what they find difficult and what support may help them. The school can support your child to share their views, or you can use our child views sheets - Printable Resources
• Involvement of local authority professionals: It is important that the school makes use of advice and support from local authority professionals and considers any reasonable adjustments that could help your child at this time

• Early Help drop in - These sessions are supported by a panel of subject experts from across the children system (including Inclusion Partners and Engagement Facilitators and Attendance Specialist Teams).  They are designed to give schools a chance to discuss anonymised cases and be signposted to advice and help to answer questions;
• Inclusion Partners can offer the school expert advice on strategies, interventions, outreach support or training that can be implemented whilst a child is waiting to be assessed;
• Engagement Facilitators can also offer advice with effective One Planning and attendance difficulties;
• Attendance Specialists Teams - Schools consult with the Attendance Specialist Teams on individual cases to find positive solutions to attendance concern cases.

Local Authority Services and how they can help. 

In some circumstances, the school may suggest:

• Reduced timetable  - A reduced timetable should only be used in exceptional circumstances and for a short period of time. It should only be considered once all other options to support your child to attend full‑time education have been tried. A reduced timetable should not be used to manage behaviour.
• Managed move - If a child is experiencing ongoing difficulties at school, particularly with behaviour or social, emotional and mental health needs, a headteacher may suggest a managed move. This is a planned process that can lead to a permanent transfer to another mainstream school, with support and clear arrangements agreed in advance.
• Offsite Direction - A governing body of a maintained school can direct a pupil to attend another education setting off‑site to help improve behaviour. This arrangement is time‑limited and can be made without parental consent.
• Outreach - Schools should consider targeted in‑school support (outreach) or involve external agencies for early intervention and preventative support. This may include help with behaviour management or social, emotional and mental health (SEMH) needs.
• Alternative Provision (Section 19 duty) - A referral can be made to Alternative Provision under Section 19 duty of the Education Act. This applies to pupils who have been permanently excluded, or those who cannot access suitable education because of illness or other reasons, and would otherwise be without full‑time education.
•  Team Around the Family (TAF) meeting - A Team Around the Family meeting can be arranged to bring together all professionals involved, to discuss concerns, share information, and explore alternative options and coordinated support.
• Health & Social Care Referrals  - Referrals to health or social care services may be appropriate, such as Child and Adolescent Mental Health Services (CAMHS), Children’s Social Care, or Family Solutions, depending on your child’s needs. 

The SEND Code of Practice says:-

9.49  Psychological advice and information from an educational psychologist who should normally be employed or commissioned by the local authority. The educational psychologist should consult any other psychologists known to be involved with the child or young person

This means that the Educational Psychologist should normally be commissioned by the local authority.  There is no guarantee that if you pay for a private EP assessment you will be in a position to avoid long waiting lists for the assessment to be completed, as the local authority may continue to commission their own EP.  It is worth checking with the SEND Operations Service their view on private EP assessments before you take this step.   

An Educational Psychologist must have the relevant qualifications which has been accredited or is recognised, by the British Psychological Society (BPS) and be registered with the Health and Care Professions Council (HCPC). 

Yes, you can submit a previous report for an EHC Needs Assessment if is relatively up to date and accurately reflects the child or young person's current needs.  As a rough guide, an educational psychologist’s report which is over two years old will not usually be recent enough to be useful.  

If a parent or young person already has their own advice and reports, these can be submitted as part of their own advice (which the LA must ask for under SEN Reg 6(1)(a)) to ensure that they form part of the assessment process. This evidence must then be considered when the LA makes its decision.

Ipsea (Independent Provider of Special Education Advice) say 'the LA does not have to seek new advice where that type of advice has previously been provided for any purpose – for example, if there already was a recent educational psychologist’s report.  This exception will only apply if the person providing that advice, the LA and the child’s parent or the young person are all satisfied that the existing advice is sufficient'.    

 EP virtual assessments are online assessments conducted by Educational Psychologists (EPs) for children and young people. 

It may be easier for some children/young people and their parents/carers to take part in an assessment online, however, some children/young people may not be able to engage with a video or parents or may feel that a face to face assessment is necessary to give a clear and complete picture of their child’s needs.  If an online assessment is offered to you, it is important to fully understand what the assessment will cover and what approaches will be used to identify needs.   

You may feel that a virtual assessment could be a solution to the lengthy delays, but you should also consider whether a virtual assessment will be sufficient for your child’s individual circumstances.

All EP assessments, either face to face or on line, must comply with Health and Care Professions Council (HCPC) professional standards and take account of British Psychological Society (BPS)  guidance 

You can read a fact sheet on Educational Psychology EHC Needs Assessments in Essex

You can write to the local authority if the assessment has not been carried out correctly or within the legal time limit. Ipsea (Independent Provider of Special Education Advice)  have created the below template letters for parents to write to the local authority. 

You can download the letters and make changes as necessary.

 Complaining if the local authority does not respond within 6 week timeframe

Complaining when the local authority does not seek the correct advice during an EHC needs assessment

Complaining when a local authority does not send a draft or final EHCP

 Ipsea say :- 'Anyone who is asked for information and advice should respond within 6 weeks (SEN Reg 8(1) and paragraph 9.52 of the SEN and Disability Code of Practice).

 

 The exceptions to this are if exceptional circumstances affect the child, the child’s parent or the young person during that 6 week period; the child, the child’s parent or the young person are absent from the area of the authority for a continuous period of not less than 4 weeks during that 6 week period; or the child or young person fails to keep an appointment for an examination or a test made during that 6 week period.

 

This is a legal duty which must be complied with; it cannot be avoided because there is a long waiting list or because there are staffing shortages. If an LA is genuinely unable to obtain one of the necessary pieces of advice during the time frame, they would be expected to obtain an independent report in its place'

If you have followed the local authority complaints procedure and are still dissatisfied, you can complain to the Local Government & Social Care Ombudsman about:-

• School Admissions
• School Transport
• School Exclusions
• Special Educational Needs
• Home Education