What happens if the LA agree to carry out an EHC Needs Assessment
Email this pageThe SEND Code of Practice 2015 says:
When carrying out an EHC needs assessment the local authority should seek views and information from the child using appropriate methods, which might include observation for a very young child, or the use of different methods of communication such as the Picture Exchange Communication System.
(9.45)
What happens during assessment?
You will have already submitted your views and those of your child or young person when the assessment was requested. You can send any new information, including any recent letters or reports that were not available previously.
The SEND Operations Team will ask a number of other people for information about your child or young person. This is called ‘advice’ and should include information about:
- your child or young person’s education, health and care needs;
- the desired outcomes for your child or young person;
- the special educational, health and care provision that might be required to meet their needs and achieve the desired outcomes.
The local authority must ask for advice and information from:
- parents or carers (or the young person)
- your child or young person’s education setting
- an Educational psychologist, who will usually arrange to see your child or young person in their setting.
- health professionals involved with your child or young person. For example, this might include a Pediatrician, Speech and language therapist, Physiotherapist or Occupational therapist
- Social care staff
- anyone else relevant who you ask the local authority to contact, provided they consider reasonable (for example their GP, or a service provider you feel might have some relevant information).
The SEND Code of Practice 2015 says:
The educational psychologist should consult any other psychologists known to be involved with the child or young person.
(9.49)
From Year 9 onwards, advice must include information about support to prepare for adulthood and independent living.
If your child or young person has either a vision or hearing impairment the educational advice and information must be given after consultation with a suitably qualified person.
You will have the chance to discuss your child with everyone involved in the needs assessment and you will receive a copy of all the reports.
EHC Needs Assessment and the Process
The SEND Code of Practice 2015 says:
The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement…They may comment on the amount of provision they consider a child or young person requires and local authorities should not have blanket policies which prevent them from doing so. (9.51)
And:
Advice and information requested by the local authority must be provided within six weeks of the request, and should be provided more quickly wherever possible, to enable a timely process. (9.52)
What if we won't be seeing our health service provider within the assessment timeframe?
Advice and information requested by the local authority must be provided within six weeks of the request (subject to only a few exceptions outlined in section 9.42 of the SEND Code of Practice 2015).
Usually the health professional will use information they already have about your child, however things may have changed for your child and you believe the information is out of date. You could contact your health service provider to explain, and ask if the appointment can be brought forward to enable up-to-date advice to be provided within their 6-week deadline.
You may find that the local authority finalise the EHC plan without this advice in order to meet the lawful timescale, and agree to amend the plan when the advice is received.
Can I submit a private assessment or diagnosis report?
Yes. Your views are important as you know your child best. It is also vital your child’s views, wishes and feelings are taken into account.
Sometimes professionals have conflicting views about how to support a child or young person, and the local authority will be using their best judgement when working through this specialist advice.
It can be helpful to also share the reasons you decided to get a private assessment/diagnosis, and where advice differs from the local authority or school assessment information think about how you can explain the importance for it to be taken into account when carrying out the assessment, for example does the practitioner have specific relevant expertise?
When does the EHC needs assessment end?
If the local authority decides an EHC plan is not necessary they must notify you or your young person, the educational setting and health provider within 16-weeks of the original request for assessment.
If the local authority decides an EHC plan is necessary, they must prepare a draft plan and allow enough time for you to respond to the draft so that they can finalise the plan by the overall time limit of 20-weeks.
What can I do if these deadlines pass?
These are legal timescales and local authorities are expected to comply, however, our advice is always to keep dialogue open with the local authority.
If you are unhappy a timescale has not been met you could complain to the Local Authority and, if you are dissatisfied with the response to your complaint, to the Local Government Ombudsman.
Where a practitioner has recommended provision in their report, this could be put in place now ahead of the EHC plan being finalised. There may however be instances where a setting will need to discuss additional help from the local authority to be able to meet the needs.
Also in this section:
What to do if the LA refuse to carry out an EHC Needs Assessment
It is really helpful to find out why the local authority reached this decision. You can ask them for a ‘Way Forward Meeting’, including school to discuss their reasons.