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The process for getting an Education, Health and Care Plan

The process for getting an Education, Health and Care Plan

The process for requesting an Education, Health and Care Plan (EHCP) is as follows:

  1. needs assessments
  2. request an assessment
  3. making an assessment
  4. process of developing the EHCP

A statutory assessment will consider special educational needs together with health and social care needs. When a request is made, the child will have shown 'significant cause for concern' despite all relevant and purposeful action being taken during Special Educational Needs (SEN) Support.

Whoever makes the request should provide the local authority with a range of information including:

  • evidence of how the child and family have been involved
  • the child’s strengths
  • special educational needs
  • any health and care needs relating to their SEN focussing on the outcomes of the child - for example, what will they be able to do that they cannot do with interventions and strategies in place and an evaluation of the impact of these on improving outcomes for the child
  • an outline of the resources or special arrangements that they have already made available
  • the specialist advice that has been sought already

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Anyone can bring a child or young person to the local authorities’ attention, if they think the child has or may have SEN and an EHC needs assessment may be necessary.

This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.

A parental or young persons (over the age of 16) request can be made directly to the SEN Team in writing.

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When you, the school or someone makes a request for assessment, a Request for Assessment (RSA) document will be completed.

When submitted to the Local Authority, they will consider all the information that is supplied and decide whether to complete the needs assessment or not.

The whole 20-week process is outlined in our 20-week process guide.

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If, following a statutory assessment, the Local Authority decides that a child requires support above what must be provided by the setting, an EHC Plan will be issued. This plan will be drafted with the family. It will not say at this stage where the child will go to school. The family has 15 days to give their views on the content in the EHCP. They can express a preference for a named school or setting and confirm if, and how, they would like to accept the offer of a Personal Budget.

If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution in these groups 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
  • the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources

A final EHC Plan must be issued within 20 weeks of the first request being received, and it will name an education setting although there are some exceptions allowed.

Read the 20-week process guide for more information.

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Unhappy with a decision about my child’s needs assessment or EHCP

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