Settings and schools have a duty to meet the needs of all pupils and to follow a graduated response to identification and meeting Special Educational Needs. For a small number of children with a higher level of need children and young people the setting/school may need further guidance and resource from the local authority in order to meet their specific individual needs. In these cases, the setting/school have a duty of care to apply for an Education, Health, Care (EHC) assessment and the local authority has a duty to respond within legal timeframes. The Education Health and Care Plan (EHCP) is a legal document which sets out a description of a child/young person’s special educational, health and care needs and what provision (what will be done) to meet their needs to enable the child/young person to make progress. It is crucial that the family and child/young person are fully informed of the Education, Health, Care needs assessment process and supported through it. Parents/carers can report that the process can feel like a battle, sometimes with professionals and panels contradicting each other, which can cause understandable frustration. It is the duty of all SEND professionals to have a robust, working knowledge of processes locally and nationally so that parents can be supported through the process amicably.
The video below explains what an EHCP is.
What is an Education, Health and Social Care (EHC) plan? (updated 2019) – YouTube
Who requires an Education Health and Care Plan?
Generally, only a very small number of children and young people with complex and severe needs, who require very high levels of individualised support, are issued with an EHCP. All schools have a budget, called the notional budget, that is available to support children and young people with SEND. Most children and young people will access help in their educational placement through Ordinarily Available Provision and in schools, school SEN Support.
Where provision cannot reasonably be provided through services and resources that are normally available, it may be necessary to request an EHC needs assessment. Schools and settings typically request EHC needs assessments, but parents and professionals can do too. Young people aged 16 and over have the right to request an EHC needs assessment independently. Settings, schools and colleges and other bodies can also request assessments but they can only do this with the knowledge and agreement of the young person and/or person with parental responsibility. The child/young person has to have a special educational need that is severe and/or complex and which has persisted in spite of the setting/school following the graduated response; including taking all expected steps and using the highest level of its resources to identify, assess and meet the need. The Local Authority (LA) SEND panel also considers whether or not the difficulties are having an effect on the child/young person’s emotional wellbeing. The Local Offer in Tameside will enable families and practitioners to find out what is available locally and further afield and should help everyone to make the most of many services and opportunities that are available, without the need to have an EHCP.
The EHC Assessment Process
The Referral
This is the first part of the process in making a request for an EHC needs assessment and is a key document that the local authority will consider when making decisions. It is important for the referral to identify outcomes for the child/young person and any reports should highlight these outcomes. The decision to draw up an EHCP will depend on the severity of a child/young person’s needs and if any resources are identified that need adding to those already available. The referral should be accompanied by evidence of provision made for an individual child/young person from the SEN Notional Funding over three school terms (including the previous, current and next planned school term). This can take the form of a costed provision map. If a child/young person has support in small groups, please ensure that you divide the cost between the number of children/young people accessing the group. The ‘All About Me’ for Tameside documents completed by parents and children/young person should be included. It should be evident that the setting/school have been working on the aspirations highlighted by parents/carers and child/young person. Settings/schools should make every effort to identify strengths in all areas as well as difficulties. It is also helpful to detail what has worked in the last two/three cycles of Assess-Plan-DoReview and what additionality is needed to maintain or enhance the child/young person’s rate of progress. It is really important to include any attainment data/tracking information in the area of need/s identified so it is clear. Lastly, if there is any advice from external professionals, please ensure that this is incorporated into any paperwork, e.g. cycles of assess-plan-do-review, provision maps etc and, where possible, that this input is reviewed.
Please see the referrals/forms in the ‘Requests/Referrals/Forms/Templates’ section
The Timescales
| Timeline | Action |
| Week 0 | Request for assessment is made to the Local Authority (LA) by a setting/school/ individual with parental responsibility or other professional e.g. Health and Social Care. |
| Week 0-6 | The LA has 6 weeks to make a decision as to whether an assessment should commence. If the LA decide not to proceed with an assessment, settings/schools and parents/carers will be notified in writing with information about the LA decision and parents/carers right to appeal. A follow-up meeting to support setting/schools and parents/carers with next steps following a ‘no to assess’ decision is available upon request. |
| Week 6 | If yes to assess the EHC assessment starts. The LA must gather advice and information as to: (1) the child/young person’s needs; (2) the provision needed to support those needs; (3) the outcomes that would be expected to result from the provision being put in place. The LA must seek: (a) advice and information from the child’s parents/carers or the young person; (b) educational advice and information from the head teacher or principal of the setting, school, post-16 or other institution that the child or young person is attending (or other appropriate person where this is not available); (c) medical advice and information from a health care professional identified by the responsible commissioning body; (d) psychological advice and information – from an Educational Psychologist; (e) advice and information in relation to social care; (f) advice and information from any other person the local authority thinks is appropriate; (g) where the child/young person is in or beyond Year 9, advice and information in relation to provision to assist the child/young person in preparation for adulthood and independent living; (h) advice and information from any person the child’s parents/carers and/or young person reasonably requests that the LA seek advice from. The SEND Code of Practice states that the advice should be clear, accessible and specific (pg. 157, 9.51). There is only one exception to seeking new advice which is where it is agreed, in relation to a particular advice, that existing information and advice is “sufficient” for the purposes of the assessment. The judgement that an individual report is sufficient must be made by all of the following: (1) the LA; (2) the original author of that report, and; (3) the parents/carers or young person. If any one of the above disagrees or is no longer available, then the LA must seek new advice. A LA must not make a “blanket” decision that all existing information and advice is sufficient for a child/young person, but must look at each piece of advice and request consent from the author and the parents/carers or young person. The SEND Code of Practice (pg. 155, 9.47) advises that parents/carers and young people should be supported to make an informed decision.
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| Week 14 | A draft EHCP needs to have been produced and sent to the parents/carers or young person by this time. At the same time, the LA must advise the parents/carers or child/young person where they can find information about the settings/schools and colleges that are available for the child/young person to attend. The parents/carers or child/young person then has at least 15 calendar days after receipt of the draft plan in which to: 1. make representations to the LA about the contents of the draft EHC plan; 2. ask for a meeting with an LA SEN officer to discuss the draft EHC plan; 3. tell the LA the type of setting/school/college (mainstream or special) and the actual setting/school/college they would like named in the final EHC plan. |
| Week 16 | If the LA decides not to issue an EHC plan, having carried out the EHC needs assessment they must so notify the parent/carer/young person by this date. The parent/carer/young person will have a right of appeal to the Special Educational Needs and Disability Tribunal against the decision to refuse to issue a plan. Where an LA has issued an EHC Plan, the LA must consult with the setting/school/college the parents/carers or child/young person has requested. Setting/school/college should respond to the LA within 15 days (SEND Code paragraph pg. 173, 9.83). |
| Week 20 | Final EHC plan issued by the LA. This must be sent to the parent/carer/child/young person; the governing body, proprietor or principal of any setting/school, other institution or provider named in the EHC Plan and the responsible commissioning body. |