Newham Council Guidance and process for Undertaking an ... · Newham Council Guidance and process for Undertaking an Education Health and Care(EHC) Needs assessment Introduction The

1 Review June 2020

Newham Council Guidance and process for Undertaking an Education Health and

Care(EHC) Needs assessment

Introduction

The purpose of this document is a guidance that provides information and process for anyone intending to make a request for EHC

Needs Assessment to Newham Local Authority. This guidance is also used by Newham Local Authority when considering the need

to undertake an Education Health and Care (EHC) needs assessment for children and young people ages 0-25 with special

educational needs. This document should be read in conjunction with:

- The Special Educational Needs and Disability (SEND) Code of Practice: 0-25 years

- What is Ordinarily Available – Expectations of arrangements for mainstream settings and support available in mainstream

schools

- Newham Local Offer.

Background

Newham Local Authority values the collaborative work between families, young people, Education settings and the professionals

that allows us all to understand the holistic special educational needs of children and young people. Our aim I that every stage of

support and assessment, the child, and their parent and or the young person is involved fully, their views and wishes are taken into

account.

The majority of children and young people with SEN or Disabilities will have their needs met within their local mainstream early

years setting, school or college. Only a small minority of children and young people with special educational needs and disability

will require an Education, Health and Care (EHC) needs assessment in order for the local authority to determine whether it is

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necessary for it to make provision in accordance with an EHC plan. The Children and Families Act 2014 and the Code of Practice

0-25 years, outlines the key principles for the local authorities and everyone working with children and young people to ensure that

they have regard to:

the views, wishes and feelings of children and their parents and young people

the importance of them participating as fully as possible in decision making and providing the information and support to

enable them to do so and

supporting children and young people’s development and helping them to achieve the best possible educational and other

outcomes.

Education Health and Care Plan

An Education, Health and Care (EHC) plan is for children and young people (aged 0-to-25 years old) who have SEN and/or a

disability and who require a significantly higher level of support than the education settings can usually deliver on their own. An

EHC plan is led by the needs, aspirations and outcomes of the child or young person and his or her parents, working in partnership

with education settings and practitioners.

The purpose of an EHC plan, as set out in the SEND Code of Practice in chapter 9.2 is to:

secure the special educational provision assessed as being necessary to meet the SEN of the child or young person;

secure the best possible outcomes for them across education, health and social care;

support preparation for adulthood;

establish outcomes across education, health and social care based on the child or young person’s needs and aspirations;

specify the provision required and how education, health and care services will work together to meet the child or young

person’s needs and support the achievement of the agreed outcomes.

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Who can make a request for EHC needs Assessment

A request for an EHC Needs Assessment is made under Section 36 of the Children and Families Act 2014, is usually made by the

child/young person’s school or college, or in early years by an early years specialist practitioner (see SEND Code of Practice: 0-

25years Chapter 9).

“The following people have a specific right to ask a local authority to conduct an education, health and care needs assessment for a

child or young person aged between 0 and 25:

the child’s parent [or carer]

a young person over the age of 16 but under the age of 25, and

a person acting on behalf of a school or post-16 institution (this should be with the knowledge and agreement of the parent

or young person where possible)” (see Cod of Practice 2015,paragraph 9.8)

A professional acting on behalf of a child or parent with the consent of the parent.

“Children and young people under 19 in youth custodial establishments also have the right to request an assessment for an EHC

plan. The child’s parent, the young person themselves or the professionals working with them can ask the home local authority to

conduct an EHC needs assessment while they are still detained….” (paragraph 9.10).

When making a decision to agree an EHC Needs Assessment or not, the same range of evidence is considered and the same

criteria applied, regardless of who makes the request. It is advisable (though not compulsory) for parents/carers and young people

considering making a request for an EHC Needs Assessment to discuss this first with the early years provider, school, post 16

institution or other educational provider that they attend. This is because the Local Authority will ask the education provider for

evidence of the actions that it has already taken to meet the child’s special educational needs.

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Role of Educational Settings

The SEND Code of Practice sets out the duties which must be observed by the early years settings (Chapter 5), schools (Chapter

6) and further education (Chapter7) in identifying children and young people with special educational needs and Disabilities(SEND)

and providing support for them.

Mainstream early years settings, schools and colleges will support learners with SEND by making reasonable adjustments to

remove or reduce barriers to learning. They will use specific parts of their budget (called ‘notional SEN funding) to create provision

that is additional to or different from that made generally for other learners of the same age in the education setting. The

“Expectations from mainstream settings” statement in Newham local authority outlines the expectations for mainstream education

settings, including academies and free schools. The education settings must use their best endeavours in not only identifying

children and young people with SEND but also in providing support for them.

The SEND Code of Practice 0-25 years is used by the nursery/school/college staff and other practitioners to inform the graduated

response to identifying and meeting the needs of pupils or young person.

Effective use of allocated SEND funds should be demonstrated. This will include the education setting providing a fully costed plan

or provision map as part of the information, showing how the child or young persons’ outcomes and special educational needs are

currently being met and provide information as to why this is now inefficient.

The support that is ordinarily available in education settings (SEN Information Report) must be set out and published by the

educational setting and placed on its website.

Considering a request for an EHC Needs Assessment – The Legal Context:

In considering whether an EHC needs assessment is necessary, the local authority applies the statutory tests as described in

section 36(8) of the Children and Families Act 2014. The Local Authority will undertake an EHC needs assessment where it is of

the opinion that:

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for the

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child or young person in accordance with an EHC plan.

EVIDENCE REQUIRED FOR A REQUEST FOR AN EHC NEEDS ASSESSMENT

The local authority will take into account a range of factors in deciding whether it needs to undertake an EHC assessment. There

should be clear evidence of:

The education setting having implemented a sustained cycle of ASSESS-PLAN-DO-REVIEW (APDR) involving the child/

young person relevant to the identified needs. Ideally there should be evidence of reviews of planned interventions so that

interventions/ support programmes and targets can be modified demonstrating the impact of the interventions. (“Ordinarily

Available expectations from mainstream settings”)

Action taken by the setting to investigate and address the language needs of a child/ young person for whom English is an

additional language. Objective information about language proficiency in their first language should be provided.

Actions taken by the education setting with regard to its duty under the Equality Act 2010 to make reasonable adjustments to

enable children/ young persons with a disability to access the curriculum and the physical environment of the education

setting.

Interventions referenced in the ASSESS-PLAN-DO-REVIEW (APDR) that have been beyond the provision ordinarily

available to children/ young people through the school’s annually updated Local Offer/ SEN Information report, e.g. following

advice from external specialists.

The child or young person’s academic progress (or developmental milestones in younger children) and rate of progress,

baseline assessments from which progress is measured. A lack of expected educational progress in basic academic

attainments (reading, writing, maths or developmental milestones in younger children) over a period of time through reviews,

despite the consistent implementation of strategies and additional provision to meet needs. Alternatively, where progress

has been made, it has only been as the result of much additional intervention and support over and above that which is

normally provided to meet the SEND needs of a child/ young person.

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Information about the nature, extent and context of the child or young person’s SEND. Evidence of the child or young

person’s medical history including emotional and social development needs where relevant.

Active involvement of the child/ young person and his/ her family in the Assess-Plan-Do-Review cycle.

Evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or

young person’s SEND. Appropriate use of the education setting’s own internal expertise and support.

** Mainstream Schools includes all mainstream school including Academies and Free mainstream schools

External advisory professionals involved, the education setting having consulted with and acted upon the advice given by

relevant specialist agencies external to the educational setting (examples include as appropriate, Speech and Language

Therapist, Physiotherapist, Occupational Therapist, Sensory Service, Language, Communication & Interaction Service

(LCIS), Complex Needs & Dyslexia Service (CNDS), Behaviour Support Service (BSS), Pupil Referral Unit, Educational

Psychologist; Paediatrician; CAMHS specialist). ( Specialist Support Services on the Newham Local Offer).

Review and monitoring of progress, outlining that the progress made has only been as the result of much additional

intervention and support over and above that which is usually provided, interventions and strategies used which are beyond

differentiation and are additional to and different from those ordinarily available in the education setting.

Where the person is over 18 whether they require additional time to complete education or training.

In exceptional circumstances the Local Authority may agree to undertake an EHC Needs Assessment but the setting has not had

the opportunity to undertake an ASSESS-PLAN-DO-REVIEW (APDR) process. Example of exceptional circumstances are:

o An exceptional learner with profound and multiple learning difficulties, which are obvious at birth or soon afterwards,

and who will require long term help and support from more than one agency;

o There is clear evidence that the learner has severe, complex and enduring difficulties but they are newly arrived into

the country.

o A learner’s functioning has been suddenly, significantly and enduringly changed by major illness or injury.

The four broad areas of needs are set within the Code of Practice 2015:

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Communication and interaction

Cognition and learning

Social emotional and mental health

Physical and sensory

COMMUNICATION AND INTERACTION

In addition to the graduated approach to assessment and support ( Assess, Plan, Do Review), a child/ young person will

be considered for an EHC Needs Assessment if there is evidence that:

- The child/ young person’s speech, language and communication difficulties have been investigated by an appropriately

qualified speech and language therapist and there is evidence to show a long term and substantial speech, language and

communication difficulty. ‘Long term’ means having been in existence for at least 12 months and ‘substantial’ means the

child/ young person’s speech sound system, expressive and/ or receptive language and/or communication skills are

significantly below those of the same age and are having a significant impact on the educational attainments of the

child/young person

- Communication and Interaction is an area of need that focuses on Speech, Language and Communication Needs

(SLCN), and Autism Spectrum Disorder (ASD). Therefore , there also needs to be evidence that:

The education setting has consulted, where available, a relevant professional external to the education setting regarding

SLCN (e.g. Speech and Language Therapist, Educational Psychologist, Paediatrician) and that it has acted upon advice

given by that professional.

or

The child/ young person’s Communication and Interaction difficulties have been investigated by an appropriately qualified

health clinician and speech and language therapist and there is evidence to show a long term and substantial condition such

as Autism Spectrum Disorder and have consulted a relevant professional external to the setting (e.g. specialist teachers

for autism from LCIS/CNDS).

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- For all children/young people with SLCN and Autism Spectrum Disorder

the child/ young person’s speech, language and communication difficulties have persisted for at least 12 months and have prevented access to education, despite all available provision and strategies having been implemented to address the needs.

COGNITION AND LEARNING

In addition to the graduated approach to assessment and support (Assess, Plan, Do Review), a child/ young person will be considered for an EHC Needs Assessment if there is evidence that:

- The attainment and/or cognitive levels indicate significant learning difficulties, the child/young person’s achievements are significantly below functional expectations. It should be noted that low attainment may still reflect adequate progress relative to the learner's cognitive abilities.

- Child/young person has long term and severe/significant/complex difficulties* with most aspects of thinking and learning. The Code of Practice (paragraph 6.17) defines a ‘lack of progress’ as being characterised by progress which given a pupil’s age and individual circumstances:

- is significantly lower than that of their peers starting from the same baseline; - fails to match or better the child’s/ young person’s previous rate of progress; - fails to close the attainment gap between the child/ young person and their peers; - widens the attainment gap.

*The term severe/significant/complex difficulties are used by different professionals and are used as descriptors for different assessment materials. Therefore the terminology used when looking at the guidance criteria may be used interchangeably. The importance is the evidence submitted that demonstrates the level of functioning, the impact on learning and the responsiveness to interventions.

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SOCIAL, EMOTIONAL AND MENTAL HEALTH

Children and young people experience a wide range of social and emotional difficulties which manifest themselves in many ways. These include becoming withdrawn or isolated, as well as displaying challenging, disruptive or disturbing behaviour. These behaviours may reflect underlying mental health difficulties such as anxiety or depression, self-harming, substance misuse, eating disorders or physical symptoms that are medically unexplained. Other children and young people may have a diagnosed disorder, such as obsessive compulsive disorder, attention deficit hyperactive disorder or attachment disorder. Behaviour difficulties are not recognised as a special educational need in the Code of Practice unless they are symptomatic of underlying social, emotional or mental health needs. The fact that a learner may have a detrimental effect on the education or welfare of another learner(s) does not in itself define a special educational need. Similarly, exclusion from school/college is not an intervention and does not itself indicate that a learner requires an EHC Needs Assessment of his/her special educational needs. In addition to the graduated approach to assessment and support ( Assess, Plan, Do Review), a child/ young person will

be considered for an EHC Needs Assessment if there is evidence that:

A child/ young person will be considered for an EHC Needs Assessment on evidence that:

An assessment by an appropriate NHS specialist in mental health has shown the child/ young person to have a long term and substantial social, emotional and mental health disability. Long-term means having been in existence for at least 12 months and substantial means having a significant impact on the educational attainments of the child/ young person.

The education setting has consulted relevant professionals external to the setting (e.g. Specialist teacher, PRU, Educational/ clinical psychologist, medical specialist in mental health) and that it has acted upon advice given by that professional.

The education setting has implemented a sustained cycle of ASSESS-PLAN-DO-REVIEW (APDR) involving the child/ young person. This may include part/ full time attendance at a PRU, college, other alternative setting or reasonable adjustments to the setting’s timetable, curriculum, pastoral arrangements etc.

The child/ young person’s behaviour is age and/ or socially inappropriate and is manifest in a variety of different contexts throughout the learning day and has caused a barrier to the child/ young person’s curriculum access.

The child/ young person has significant and sustained difficulty self-regulating his or her behaviour in response to stressful, challenging or frustrating situations in an education setting.

The education setting has undertaken a rigorous analysis of the child/ young person’s behaviour and has provided records of:

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o what situations lead up to or trigger the behaviour;

o the frequency;

o intensity;

o duration;

o consequences of the behaviours;

o strategies implemented to address the behaviour and the outcomes of these.

SENSORY AND/OR PHYSICAL

Some children and young people require special educational provision because they have a sensory or physical disability which prevents them from making use of the educational facilities generally provided. These difficulties can be age-related and may fluctuate over time. Most children/ young people with a disability do not have a learning difficulty and, providing reasonable adjustments are made by the education setting they have their needs met without the need for an EHCP. Many children and young people with Vision Impairment (VI), Hearing Impairment (HI) or dual/Multi-Sensory Impairment (MSI) will require specialist support and/or equipment to access their learning. Severe vision impairment may also affect a child or young person’s mobility in an educational setting. Children and young people with an MSI have a combination of vision and hearing difficulties. In addition to the graduated approach to assessment and support ( Assess, Plan, Do Review), a child/ young person will be considered for an EHC Needs Assessment if there is evidence that:

a) Physical Disability A child/ young person will be considered for an EHC Needs Assessment on evidence that:

An assessment by an appropriate medical practitioner has shown that the child/ young person has a very significant physical disability.

The physical disability is, or likely to be, ongoing and/or permanent and has long-term significant implications for access and learning.

The child/ young person’s physical disability has impacted or is obviously likely to impact significantly on their educational progress.

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The education setting has made appropriate adaptations to access and the curriculum under the Equality Act 2010 before making a request for an EHCP Needs Assessment. The evidence should show that the support needed is greater than that possible under the requirement ‘to make reasonable adjustment’.

There is evidence that the setting has consulted relevant external professionals and has acted on the advice given.

Where a child/ young person has a less severe physical disability combined with another type of special educational need there will be evidence of significant impact on educational progress.

b) Hearing Impairment Hearing impairment describes a continuum of difficulty with widely differing implications for a child/ young person’s communication and access to learning. A child/ young person will be considered for an EHC Needs Assessment on evidence that:

An assessment by a qualified Audiologist has shown that the child/ young person has a severe or profound bi-lateral sensorineural hearing loss.

The hearing impairment is, or likely to be, ongoing and/or permanent and has long-term significant implications for access and learning.

The child/ young person’s hearing impairment has impacted significantly on their educational progress and requires targeted communication support to access the curriculum.

The child/ young person has a significant receptive and expressive language delay resulting from the hearing loss.

The education setting has consulted a relevant professional external to the setting (e.g. specialist Teacher of the Deaf) over the identification of the child/ young person’s needs and that it has acted upon advice given by that professional.

Where a child/ young person has a less significant hearing impairment combined with another disability there will be evidence of significant impact on educational progress.

Where a child/ young person with a hearing impairment has been provided with hearing aids or implants there will be evidence to show continuing impact on educational progress.

c) Visual Impairment

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Visual impairment describes a continuum of difficulty taking many forms with widely differing implications for a child/ young person’s education. In some cases, visual impairment is one aspect of multiple disabilities. Whatever the causes of the child/ young person’s visual impairment, the major issues in identifying and assessing the child/ young person’s SEND will relate to the degree and nature of functional vision and the child/ young person’s ability to adapt socially and psychologically, as well as ability to progress in an educational context. A child/ young person will be considered for an EHC Needs Assessment on evidence that:

The child/ young person has been assessed by an ophthalmologist or qualified Teacher of the Visually Impaired and there is evidence from this assessment that the child/ young person has a moderate to severe visual impairment and/or a significant reduction in near vision or a significant field defect in both eyes or the child/ young person is ‘educationally blind’ meaning that the child/ young person has insufficient vision to access print.

The visual impairment is, or obviously likely to be, permanent and has long-term significant implications for access and learning.

The child/ young person’s visual impairment has impacted significantly on their educational progress and requires targeted support to access the curriculum.

The education setting has consulted a relevant professional external to the setting (e.g. specialist Teacher Visual Impairment), over the identification of the child/ young person’s needs and that it has acted upon advice given by that professional.

Where a child/ young person has a less significant visual impairment combined with another disability there will be evidence of significant impact on educational progress.

d) MSI (Multi-Sensory Impairment, or Dual Sensory Impairment) Most children with impairment of both vision and hearing will be identified at the pre-school stage and their needs identified early. However, some severe deteriorating conditions may be identified later in life and require fast track intervention. In many cases MSI will be part of multiple difficulties and disabilities. A child/ young person will be considered for EHC Needs Assessment on evidence that:

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An assessment by an appropriately qualified medical practitioner has shown that the child/ young person has a severe or profound bi-lateral sensorineural hearing loss together with a significant visual impairment and/or a deteriorating condition affecting hearing or vision.

The MSI is, or likely to be, ongoing and/or permanent and has long-term significant implications for access and learning.

CHILDREN AND YOUNG PEOPLE WITH A MEDICAL CONDITION

Children and young people with a medical condition will not normally be considered for an EHC Needs Assessment unless the

learner meets the threshold for other categories of SEN. The DfE/ DH circular ‘Supporting Pupils with Medical Needs in Schools’

sets out the legal framework for the health and safety of pupils and staff. Health professionals working with Education settings

should draw up an individual health care plan to address the needs of a pupil with a medical condition.

DECISION MAKING PROCESS IN NEWHAM.

The local authority decisions are supported by the Multiagency panel with representation from education, psychology service,

SEND Representatives and health. Social care leads can also be invited. To ensure statutory decisions are made in a timely way,

the SEND Group Manager is supported by the senior officers in the SEND team to make decisions where the evidence is clear that

the Local Authority should proceed to assessment and if support is required through the EHCP. Where there is doubt the evidence

is considered by the Multiagency Panel which aims to meets at least fortnightly.

In order to determine whether or not an EHC assessment is required the local authority will need to consider the following key

questions and be satisfied that the setting has provided sufficient evidence to address these questions.

1. Does the child/young person have a significant barrier to learning in comparison with others of her/his age?

2. Has the setting sought advice from external professionals ?

3. Has the setting responded to advice from external professional specialist by

developing provision maps with SMART targets?

4. Have the child or young person’s progress been reviewed over time?

5. Have the setting given clear information about how the SEN budget has been used to support the child /young person’s

special educational needs and what the impact has been?

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Are the child/young person’s special educational needs greater than the funding delegated to the setting - Do the child/young person's special educational needs require more support than can be provided using the delegated funding?

6. .

7. Has the setting provided clear evidence that despite providing resources using the delegated funding to the child /young

person they have not made adequate progress?

An EHC Needs Assessment will not always lead to an EHC plan.

In some cases, the evidence collected during the assessment process will lead to the judgement that the child/ young person does

not need an EHC plan and that needs can be met from the resources that are available ordinarily in the education setting and set

out in the education setting’s Local Offer. The information gathered during the assessment may indicate ways in which the school,

college or other provider can meet the child or young person's needs without an EHC plan.

How to request an EHC needs Assessment

Once an educational setting, parents/carers and external professionals have agreed that it would be appropriate to refer a child for

an EHC needs assessment, allow time to prepare the relevant information and evidence. Use the Newham LA Education Health

and Care needs request application form. All EHC referrals from education settings must be electronic in the form of word

documents and scanned pages where signatures are required.

The email address to send it to is [email protected] titled EHC assessment request, with the name of the setting.

Contact details - SEND Section, 0 – 25 SEND Service Commissioning Education and Skills, London Borough of Newham,

Newham Dockside, 1000 Dockside Road, London E16 2QU. Telephone : 020 33738724 email: [email protected]

You can seek free advice from Newham SEND Information Advice and Support Service (SENDIASS) who support Newham young

people and their parents or carers. You can contact them on 020 3373 8385 or by e-mail to [email protected]. They will

have an understanding of both the statutory regulations and the local context and will be pleased to discuss your case with you and

advise you of your rights and possible ways forward.

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You can access disagreement resolution services or independent mediation through Kids, London SEN Mediation Service, 7-9

Elliott’s Place, London N1 8HX, telephone number 020 7359 3635, www.londonsenmediation.org.uk. A leaflet is enclosed. You can

go to mediation about the education, health and care aspects of the plan within 2 months of the date of the decision letter.

The SEND Tribunal contact details are as follows: First-tier Tribunal (Special Educational Needs and Disability): 1st Floor

Darlington Magistrates Court, Parkgate, Darlington DL1 1RU. Telephone 01325 289350; Email: [email protected]

Special Educational Needs Code of Practice: 0-25 years

DfE SEND Guide for Parent and Carers

Equality Act 2010

DfE/ DH circular ‘Supporting Pupils with Medical Needs in Schools’

Education Setting EHC needs assessment request form

Newham Education, Health and Care Needs Assessment - A 20 week process stages

Weeks 1- 6:

1. EHC Needs Assessment received and logged by the SEND Team, logged onto the local authority systems. SEND Team

send letter to Parent/YP, school, support services, educational psychology, health and social care to tell them that a request

received and ask for any information they may have to support decision making.

2. SEND team prepare paperwork for decision making - Multi-agency Panel helps the LA decision making.( Multi-agency Panel

Representative on this panel come from Education settings, Health, EP Service, SEND Team- Manager or Senior Officer,

Support Services and Social as required.

3. We will decide within 6 weeks, but sooner if we can, whether an Education Health Care needs assessment is required and

give parents/young person our decision. If based on the request information, we think an EHC needs assessment is not

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required for the child/young person we will write to parents/young person and explain why. We will offer a meeting and

provide parents/young person with information on their rights to formal mediation and appeal.

Weeks 1-6 Agreed to Assess

- We will send an agree to assess letter.

- We will ask following Services to provide us with assessment

reports within 6 weeks-- Health, Social Care, Educational

Psychology Service, Education setting and any other Services

supporting your child/young. We will share with them the

information received for the request.

- It’s important that all appointments relating to the child/young

person’s assessment are attended, non attendance could delay

the process.

Weeks 1-6 - Not Agreed

- we will send a letter to parents/young person outlining our decision within 6 weeks of request logged which will include Rights of appeal and copy Education setting/Health, social care and Education.

- We will offer a meeting.

Weeks 10 -12:

- Using the assessment information received we will decide whether your child/young person needs support through an

Education Health and Care (EHC) Plan.

Weeks 12-14: Weeks 12 -16

Yes Support is required through EHC Plan

Using the assessment information we will populate EHC

Plan template and arrange a person centred meeting as

required/requested.

No Support is not required through EHC Plan

Write to parents/young person outlining our decision and offer a

meeting for next steps and your rights of appeal.

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Weeks 14-16:

- Issue draft EHCP, copy to everyone who contributed to the assessment. We will ask parents which school or college they

would like to go to. I the EHC Plan is for a young person aged over 16 we will ask them directly which school or college they

would like to go to. If the preferred school or college is a specialist setting then we will decide whether this is appropriate or

not and inform parents/young person.

- Everyone will have 15 days from draft issue date to read the draft EHCP and let us know if they agree with the draft plan or if

you any changes are required. If changes are required then we will consider these to the draft EHC plan and reissue and

you will have further 15 days to respond.

By week 16:

- We will send the draft EHC Plan to the parents/young person’s preferred school or college to ask them if they can meet the

needs and provision outlined in the draft plan and offer them a place***. We may also have to consult with the school/college

that we consider is appropriate, we will tell you if you do this and we will discuss their response with you. If we do not receive

a preference we will make a decision and consult with the nearest school that can meet the needs and provide the provision

in the draft EHCP.

By 20 weeks:

- Final EHC plan issued naming the education setting the child/young person should attend.

Important notes: The education setting is legally obliged to admit the pupil setting named in section I and deliver the support

detailed in the EHC Plan.

***If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution the local authority

must comply with that preference and name the school or college in the EHC plan unless:

- it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or

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- the attendance of the child or young person there would be incompatible with the efficient education of others, or the

efficient use of resources

If parents /young person does not agree with a decision the Local Authority has made about whether to do an EHC assessment,

issue an EHC Plan or with the content of an EHC Plan, including the education setting named in section I, please talk to us, you

can also ask for formal Mediation and appeal to the SEND Tribunal, we will explain this process to you and you can seek further

support from SEND Information Advice and Support Service (SENDIASS). (contact details are sent in the decision letters and

above).

Once issued, an EHC Plan is reviewed at least once a year, or every 6 months for children under the age of 5. This is called an

Annual Review, this is parents/young person’s opportunity to share if the child or young person is not making progress, wishes to

move to a different education setting, or you believe the content of the EHC plan needs updating.

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Statutory timescales for EHC needs assessment and EHC plan development

Yes No

Yes No

Request for assessment/child or young person

brought to local authority's (LA's) attention

LA notifies parent/young person of

decision within a maximum of 6

weeks from request for assessment

LA notifies parents/young person of

decision and right to appeal within a

maximum of 6 weeks from request

for assessment

LA gathers information for EHC

assessment

LA decides whether to conduct

EHC needs assessment

LA drafts plan and sends it to parents/young person

Parents/young person has 15 calendar days

to comment/express a preference for an

educational institution and should also seek agreement of a personal budget

LA notifies

parents/young

person of decision

and right to appeal

within a maximum

of 16 weeks from

request for

assessment

On-going LA information gathering –

where an LA

requests co-

operation of a body in securing

information

and advice,

the body

must comply

within 6

weeks

LA decides whether EHC

plan is needed

LA must consult governing body, principal or

proprietor of the educational institution before

naming them in the EHC plan. The institution

should respond within 15 calendar days

Following consultation with the parent/young

person, the draft plan is amended where

needed and issued. (LA notifies parent/young

person of rights to appeal.)

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Maxim

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