These frequently asked questions give will help you understand the EHC process including how to request an EHC assessment and what happens when you do.
When you request an EHCP needs assessment, the local authority must agree to assess your child’s needs if:
When you request an EHCP needs assessment, the local authority must agree to assess your child’s needs if:
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 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:
Whilst parents, carers and young people can apply for a needs assessment, it is important to discuss your intention to make a request for assessment with your child’s education setting as they will be able to help and advise you on the support available to help your child with their special educational needs. Education settings will have access to information and evidence about your child's needs and progress, including the outcomes of the ‘assess, plan, do, review’ process, which will help make the application accurate. The education setting should work together with the child or young person and their parents or carers to ensure that the application is thorough and accurately reflects the child or young person’s requirements.
Whilst parents, carers and young people can apply for a needs assessment, it is important to discuss your intention to make a request for assessment with your child’s education setting as they will be able to help and advise you on the support available to help your child with their special educational needs. Education settings will have access to information and evidence about your child's needs and progress, including the outcomes of the ‘assess, plan, do, review’ process, which will help make the application accurate. The education setting should work together with the child or young person and their parents or carers to ensure that the application is thorough and accurately reflects the child or young person’s requirements.
Children and young people aged 0 to 25 years will be eligible for an EHC plan if there is evidence from the EHC needs assessment that their needs cannot be reasonably provided for within the resources normally available to nurseries, early years settings, schools and post-16 education providers.
Children and young people aged 0 to 25 years will be eligible for an EHC plan if there is evidence from the EHC needs assessment that their needs cannot be reasonably provided for within the resources normally available to nurseries, early years settings, schools and post-16 education providers.
It is important to provide as much detailed information and evidence as possible to support the need for an EHC plan and to allow it to progress to the next stage.
Information and evidence required:
Important note: If sufficient information and evidence is NOT provided, the EHC needs assessment will be declined (‘no to assess’ decision).
It is important to provide as much detailed information and evidence as possible to support the need for an EHC plan and to allow it to progress to the next stage.
Information and evidence required:
Important note: If sufficient information and evidence is NOT provided, the EHC needs assessment will be declined (‘no to assess’ decision).
As soon as the request for an EHC needs assessment is received you will be invited to register on the EHC Hub.
The EHC Hub registration will allow you to add additional information and see what has been added by your child’s education setting.
If the education setting has requested the assessment, this will be your opportunity to add your information.
The local authority is required to reach a decision on whether or not to undertake an EHC needs assessment within six weeks of receiving the request.
We will make this decision and publish it in a letter on the EHC Hub notifying you of the decision to assess or not to assess your child.
You will receive an email to inform you that a decision has been made. The email will ask you to login to the Hub to review the decision.
If we decide that it is not necessary to carry out a needs assessment, we will also tell you about your right to appeal this decision.
As soon as the request for an EHC needs assessment is received you will be invited to register on the EHC Hub.
The EHC Hub registration will allow you to add additional information and see what has been added by your child’s education setting.
If the education setting has requested the assessment, this will be your opportunity to add your information.
The local authority is required to reach a decision on whether or not to undertake an EHC needs assessment within six weeks of receiving the request.
We will make this decision and publish it in a letter on the EHC Hub notifying you of the decision to assess or not to assess your child.
You will receive an email to inform you that a decision has been made. The email will ask you to login to the Hub to review the decision.
If we decide that it is not necessary to carry out a needs assessment, we will also tell you about your right to appeal this decision.
If the local authority decides an assessment should take place, the authority will request advice from several practitioners / professional services.
These include (but are not limited to):
The reports will be uploaded to the EHC Hub. You will be able to access the EHC Hub at any time to see how the application is progressing.
Parents, carers, children and young people can also contribute to the assessment. In addition to your own comments, you can include any independent written advice you have obtained.
If the local authority decides an assessment should take place, the authority will request advice from several practitioners / professional services.
These include (but are not limited to):
The reports will be uploaded to the EHC Hub. You will be able to access the EHC Hub at any time to see how the application is progressing.
Parents, carers, children and young people can also contribute to the assessment. In addition to your own comments, you can include any independent written advice you have obtained.
The local authority is required to make a decision whether to issue an EHC Plan within 16 weeks of the original request being received.
The local authority is required to make a decision whether to issue an EHC Plan within 16 weeks of the original request being received.
Not all applications will lead to a needs assessment, this may be known as a ‘no to assess’ decision.
The local authority may decide not to carry out an EHC needs assessment for a child or young person for the following reasons:
Not enough evidence: the local authority may determine that there is not enough evidence to suggest that the child or young person has special educational needs that require an EHC Needs Assessment.
Existing support: The local authority might believe that the child’s needs can be met through the support already available at their education setting, without the need for an EHC Needs Assessment.
Progress: if the child or young person is making adequate progress with the current level of support, the local authority may decide that an EHC Needs Assessment is not necessary.
Not all applications will lead to a needs assessment, this may be known as a ‘no to assess’ decision.
The local authority may decide not to carry out an EHC needs assessment for a child or young person for the following reasons:
Not enough evidence: the local authority may determine that there is not enough evidence to suggest that the child or young person has special educational needs that require an EHC Needs Assessment.
Existing support: The local authority might believe that the child’s needs can be met through the support already available at their education setting, without the need for an EHC Needs Assessment.
Progress: if the child or young person is making adequate progress with the current level of support, the local authority may decide that an EHC Needs Assessment is not necessary.
If your child or young person does not receive an EHC needs assessment, they will still be entitled to SEND Support within their education setting. SEND Support involves additional or different help from that provided to other children of the same age. This support is designed to help children with special educational needs and/or disabilities (SEND) make progress in their education.
If you receive a ‘no to assess’ decision, you have the right to appeal. Please note this is an evidence base process. If you think a professional report or other evidence has not been considered, please speak to your EHC Coordinator in the first instance. However, if it is not resolved to your satisfaction, you have the right to request mediation and then follow the appeal process.
If your child or young person does not receive an EHC needs assessment, they will still be entitled to SEND Support within their education setting. SEND Support involves additional or different help from that provided to other children of the same age. This support is designed to help children with special educational needs and/or disabilities (SEND) make progress in their education.
If you receive a ‘no to assess’ decision, you have the right to appeal. Please note this is an evidence base process. If you think a professional report or other evidence has not been considered, please speak to your EHC Coordinator in the first instance. However, if it is not resolved to your satisfaction, you have the right to request mediation and then follow the appeal process.
Not all EHC needs assessments will lead to getting an EHCP. The LA may decide not to issue an EHCP after conducting an EHC needs assessment for the following reasons:
Not enough evidence: The assessment might not provide enough evidence to show that the child or young person requires the level of support that an EHCP would provide.
Existing support: The assessment might show that the child's special educational needs can be met with regular support at school through ordinarily available provision and SEND Support.
Progress: If the child or young person is making satisfactory progress with the current level of support, the Local Authority might conclude that an EHCP is not necessary
Not all EHC needs assessments will lead to getting an EHCP. The LA may decide not to issue an EHCP after conducting an EHC needs assessment for the following reasons:
Not enough evidence: The assessment might not provide enough evidence to show that the child or young person requires the level of support that an EHCP would provide.
Existing support: The assessment might show that the child's special educational needs can be met with regular support at school through ordinarily available provision and SEND Support.
Progress: If the child or young person is making satisfactory progress with the current level of support, the Local Authority might conclude that an EHCP is not necessary
If the Local Authority decides not to issue an EHCP after completing the EHC needs assessment, they will provide written feedback collected during the EHC needs assessment process, which the child’s parent, the young person, and education setting can understand and may find useful, including evidence and reports from professionals. This information can then inform how the outcomes sought for the child or young person can be achieved through special educational provision (also known as SEND support) made by the education setting and co-ordinated support from other agencies.
SEND Support involves additional or different help from that provided to other children of the same age. This support is designed to help children with special educational needs and/or disabilities (SEND) make progress in their education.
More information about SEND Support
If you receive a ‘no to issue’ decision, you have the right to appeal. Please note this is an evidence base process. If you think a professional report or other evidence has not been considered, please speak to your EHC Coordinator in the first instance. However, if it is not resolved to your satisfaction, you have the right to request mediation and then follow the appeal process.
If the Local Authority decides not to issue an EHCP after completing the EHC needs assessment, they will provide written feedback collected during the EHC needs assessment process, which the child’s parent, the young person, and education setting can understand and may find useful, including evidence and reports from professionals. This information can then inform how the outcomes sought for the child or young person can be achieved through special educational provision (also known as SEND support) made by the education setting and co-ordinated support from other agencies.
SEND Support involves additional or different help from that provided to other children of the same age. This support is designed to help children with special educational needs and/or disabilities (SEND) make progress in their education.
More information about SEND Support
If you receive a ‘no to issue’ decision, you have the right to appeal. Please note this is an evidence base process. If you think a professional report or other evidence has not been considered, please speak to your EHC Coordinator in the first instance. However, if it is not resolved to your satisfaction, you have the right to request mediation and then follow the appeal process.
Please do not hesitate to contact the local authority if you would like to better understand the reasons for our decision.
If you disagree with the decision not to complete an EHC needs assessment or to issue an EHC plan, you can:
Please do not hesitate to contact the local authority if you would like to better understand the reasons for our decision.
If you disagree with the decision not to complete an EHC needs assessment or to issue an EHC plan, you can:
For very few children and young people, education in any setting would be inappropriate due to their special educational needs. This is referred to as Education Otherwise Than In School and/or College (EOTISC) and includes schools, early years and post-16 settings. It is also sometimes referred to as EOTAS (Education Otherwise Than at School).
If the Local Authority have agreed that EOTISC is necessary, as referenced in Section 61 of the Children and Families Act 2014 they are responsible for arranging the special educational provision to be delivered in a different way. Further information on EOTISC can be found here.
EOTISC is not the same as Elective Home Education (EHE). If you choose to home educate, the LA will not be responsible for meeting any of the costs or providing any support. The parents become responsible for providing the child’s educational provision.
For very few children and young people, education in any setting would be inappropriate due to their special educational needs. This is referred to as Education Otherwise Than In School and/or College (EOTISC) and includes schools, early years and post-16 settings. It is also sometimes referred to as EOTAS (Education Otherwise Than at School).
If the Local Authority have agreed that EOTISC is necessary, as referenced in Section 61 of the Children and Families Act 2014 they are responsible for arranging the special educational provision to be delivered in a different way. Further information on EOTISC can be found here.
EOTISC is not the same as Elective Home Education (EHE). If you choose to home educate, the LA will not be responsible for meeting any of the costs or providing any support. The parents become responsible for providing the child’s educational provision.