Following an EHC needs assessment
Your EHC needs assessment is complete, now what?
Once the local authority (LA) has all the information and advice it must decide whether a child or young person needs an Education, Health and Care plan.
Sometimes the LA will decide that your child or young person has special educational needs that can be met through SEN support. 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. They must also tell you about your right of appeal.
If the LA decides an EHC plan is necessary it must first write a draft plan.
The draft plan
They will send you the draft EHC plan and copies of the reports so that you can read it all. You should check that everything you think is important has been included and that you agree with the outcomes and the proposed provision. The local authority will ask for a preferred school or education setting.
You have 15 days to make comments, to ask for a meeting or accept the draft plan. Note that if you do not reply within 15 days, the local authority may assume that you agree with the draft plan. See our information on draft EHCPs.
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.
The last stage is for the local authority to send you the final EHCP. If you are still unhappy with the plan or cannot agree with the local authority on a school, you have the right to go to mediation or appeal – see below.
How long does it take?
The whole process should take no more than 20 weeks if an assessment is agreed.
The LA must reply within 6 weeks to let you know whether it agrees to carry out an EHC needs assessment. This is set out in regulation 5(1) of The Special Educational Needs and Disability Regulations 2014:
The local authority must notify the child’s parent or the young person as soon as practicable and in any event within 6 weeks of:
(a) receiving a request for an assessment under section 36(1) of the Act, or
(b) becoming responsible for the child or young person in accordance with section 24 of the Act
[to inform] of its decision whether or not it is necessary to secure an EHC needs assessment for the child or young person.
Your local authority should always reply to you as a parent or young person, even when the request was made by the school, college or early years setting.
The below table outlines the process once the LA receive the request for an assessment:
| Step | Timeline |
|---|---|
| The local authority receives a request for an EHC needs assessment. The authority must tell parents about this request | This is the start date |
| The local authority decides whether an EHC needs assessment is needed. The authority must tell parents about its decision | Within six weeks of the start date |
| The EHC needs assessment takes place | This starts as soon as the decision is made |
| EITHER: The local authority tells the parents of the decision not to issue an EHC plan OR: The local authority sends a draft EHC plan to parents | Within 16 weeks of the start date |
| Parents must respond to the draft EHC plan. They can: > agree that the draft is adequate > ask for changes > ask for a meeting. | Within 15 days of receiving the draft EHC plan |
| Parents have the right at this point to state a preference for a school or early years setting | |
| The local authority consults with the school or early years setting | Within 15 days of parents’ response to the draft EHC plan |
| The local authority issues the final EHC plan | Within 20 weeks of the start date |
Sometimes this timescale can be different. This is outlined in the SEND Code of Practice, section 9.42
You can see an interactive overview of the 20 week process here: EHCP Map by NCB Social Care on Prezi Design
What if there’s a disagreement about the EHC plan?
If you disagree with a decision made by the local authority during the EHC process, you have options at each stage:
- The LA refused to carry out an EHC needs assessment
- You have the right to try mediation before appealing
- You have the right to appeal to the SEND tribunal
- The LA carries out the assessment but refuses to issue an EHC plan
- You have the right to try mediation before appealing
- You have the right to appeal to the SEND tribunal
- The EHCP is issued but you disagree with the contents and/or placement
- You can appeal about the description of a child or young person’s needs (section B)
- The support provided (section F)
- The school or setting named (section I)
- You can request mediation if you are unhappy with sections B and F
For further support with disagreements, please see our Appeals & tribunals section.
