Education, health and care needs assessments - process and timescales

Easy Read Guide

Information on the process and timescales involved in getting an education, health and care needs assessment and an Education Health and Care Plan (EHCP). 

A flowchart of statutory timescales for Education Health and Care Needs Assessments and Plans can be downloaded hereA plain text version is also available.

An easy read guide to the EHCP process can be downloaded here.

*** Educational Health Care Needs Assessments (EHCNA) and Provision of Educational Psychology Statutory Advice - important information ***

What happens once we have agreed to an education, health and care needs assessment?

A SEND key worker will inform parents or the young person of the decision to proceed. This is normally within a maximum of six weeks from receiving a request.   

You can check progress and find contact information on the EHC Hub.

During initial contact, the keyworker will:

  • Introduce themselves and provide contact details.

  • Have a discussion about:

    • what the education, health and care needs assessment process will involve
    • what the development of an education, health and care plan will involve
    • the range of options that will be available, such as
      • different types of educational institution
      • options for personal budgets, and
      • how these may differ depending on the type of educational institution preferred.

  • Discuss what information may be required for the assessment.

  • Consider which professionals to approach for education, health and care advice.

  • Explain the timescales of the assessment process.

  • Provide details of independent advice and support:

  • Answer any questions parents or the young person may have.  
The initial contact

During initial contact, the keyworker will email you to:

  • Introduce themselves and provide contact details.

  • Explain:

    • what the education, health and care needs assessment process will involve

    • what the development of an education, health and care plan will involve

    • the range of options that will be available, such as:
      • different types of educational institution and
      • options for personal budgets

    • What information may be required for the assessment.

  • The timescales of the assessment process.

  • Confirm which professionals are currently, or have recently been, involved in supporting your child.

  • Provide details of independent advice and support:

How are parent, carers, children and young people involved throughout the process?

Throughout the process we will seek:

  • Parent, carer, child & young person's views, wishes and feelings,
  • the child or young person's aspirations,
  • the outcomes they wish to seek and
  • the support they need to achieve them
Gathering information and advice

The SEND key worker will contact the relevant professionals to gather advice. This includes the child’s or young person’s:

  • education, health and care needs
  • desired outcomes and
  • special educational, health and care provision. This provision is to meet their identified needs and achieve their desired outcomes.

What advice and information must be sought?

Advice and information must be sought as follows:

  • From parents, carers or the young person.

  • Educational advice and information. This would be from the education setting attended by the child or young person.

  • If the child or young person has either a visual or hearing impairment, or both. Educational advice and information must be given after consultation with a qualified person.

  • Medical advice and information from health care professionals. The health care professional would have a role in relation to the child’s or young person’s health.

  • Psychological advice and information from an educational psychologist. The educational psychologist should consult any other psychologists involved.

  • Social care advice and information from or on behalf of the local authority. This includes, if appropriate,

    • children in need or
    • child protection assessments
    • information from a looked after child’s care plan, or
    • adult social care assessments for young people over 18.

      If the child or young person already has a:

    • statutory child in need or child protection plan, or
    • an adult social care plan,

      the information in these should be drawn for the education, health and care needs assessment.
  • advice from a youth offending team, were the child or young person is detained in a young offender institution.  Where the young person is serving their sentence in the community, the local authority should seek such advice where it considers it appropriate.

  • Any other advice and information which the local authority considered appropriate for a satisfactory assessment. For example:
    • Early help assessment
    • In the case of children of members of the armed forces, from the children’s education advisory service
    • In the case of a looked after child, from

      • the virtual school headteacher in the authority that looks after the child,
      • the child’s designated teacher and
      • the designated doctor or nurse for looked after children.

What advice and information is sought from Year 9 onwards?

Advice and information related to provision to assist the child or young person in:

  • preparation for adulthood and

  • independent living.

When must the advice and information requested be provided?

Advice and information requested by the local authority must be provided within six weeks of the request.  It should be provided more quickly wherever possible, to enable a timely process.

Does the local authority need to seek further advice if it has already been provided?

The local authority must not seek further advice if

  • such advice has already been provided (for any purpose) and

  • the following are all satisfied that it is sufficient for the assessment process:

    • the person providing the advice,
    • the local authority, and
    • the child’s parent or the young person

In making this decision, the local authority and the person providing the advice should ensure the advice remains current.

 

Deciding whether to issue an education health and care plan

Following the initial stage, the SEND keyworker will present to a multi-professional panel:

  • the parents and the child’s views, wishes and feelings, and
  • all the information and advice gathered during the education, health and care needs assessment.

How do you decide whether to make special educational provision in accordance with an EHC Plan?

The panel will consider all the information gathered during the education, health and care needs assessment.  Where, despite appropriate assessment and provision, the child or young person is:

  • not progressing, or
  • not progressing sufficiently well

we will consider what further provision may be needed.

We will take into account:

  • Whether the special educational provision required to meet the child or young person’s needs, can be reasonably provided from resources normally available to mainstream settings.

  • Whether it may be necessary to make special educational provision in accordance with an education, health and care plan.

Decisions are made based on a combination of the factors stated above.  More information can be found in the detailed guidance for referrers.

When will we be informed whether it has been decided to issue an Education Health and Care Plan?

Parents or the young person will be informed as soon as possible.  This should be within 16 weeks of:

  • the initial request or
  • of the child or young person having otherwise been brought to the local authority’s attention
Decision not to issue an education health and care plan

If the local authority decides that an education, health and care plan is not necessary.

It will notify you, giving the reasons for its decision.  A copy will be sent to:

  • the parent or young person,
  • the early years provider, school or post-16 institution currently attended, and
  • the health service

Written feedback collected during the assessment process will be provided, which parents, young people and education setting may find useful.  This will include evidence and reports from professionals.

The SEND key worker will also inform parents, carers or the young person in writing of:

  • the availability of information, advice and support services
  • the requirement for them to consider mediation (should they wish to appeal), and
  • their right to appeal the decision and the time limit for doing so.
Decision to issue an Education, Health and Care Plan (EHCP)

If it is necessary for special educational provision to be made in accordance with an education, health and care plan, the SEND keyworker will:

  • prepare a plan and
  • notify parents or the young person giving the reasons for its decision.
What do I need to do when the draft education, health and care plan arrives?

If the local authority decides to issue and Education Health and Care Plan.

The SEND keyworker will prepare a plan. They will notify parents or the young person, giving the reasons for its decision.

The SEND keyworker will send to the parents or young person the:

  • draft education, health and care plan
  • appendices containing the advice and information gathered during the needs assessment.

When do I need to respond to the content of the draft Education Health and Care Plan?

Parents or the young person will have at least 15 days to give views and make representations on the content.

What other information is provided with the draft Education Health and Care Plan?

When the SEND keyworker sends the draft education, health and care plan it will explain to parents or the young person:

  • During this period, your right to request a particular education setting be named in the plan.
  • Advise where you can find information about the schools and colleges that are available for you to attend, through the Local Offer.
  • Whether any personal budget should be specified in the draft plan, following a request by parents or the young person.
  • If you make a request for a particular nursery, school or post 16 institution to be named in the plan.  The SEND Keyworker will consult with this setting by sending the draft Education Health and Care Plan. It is also possible to send any of the appendices if required.  The nursery, school or college should respond within 15 days

If parents or the young person:

  • does not make a request for a particular nursery, school or college, or
  • they do so and their request is not met,

the local authority must specify mainstream provision in the Education Health and Care Plan.

Can anyone support us through the process?

There are many examples and statutory obligations that govern this process.  Parents or the young person should discuss their options with the SEND keyworker or seek advice from SENDIASS or an advocate.

When will the final education, health and care plan be issued?

The SEND keyworker will issue the final education, health and care plan as soon as possible. This will be at the latest within 20 weeks of the initial request to conduct a needs assessment.

If any exemptions to the timescales apply, you will be informed. This is so you are aware of, and understand, the reason for any delays.

You can check the EHC Hub for progress and contact details.

What if I want to appeal the decision?

You will be informed of:

  • your right to appeal the decision

  • the time limit for doing so,

  • the requirement to consider mediation should you wish to appeal,

  • the availability of information, advice and support via SENDIASS.
Who else will receive a copy of the final education, health and care plan?

The final education, health and care plan must be issued to:

  • parents or the young person,
  • the governing body, proprietor of principal of any school, college or other institution named in the Education Health and Care Plan, and
  • the Integrated Care Board or where relevant, NHS England.   

Where a nursery, school or college is named in an Education Health and Care Plan, they must admit the child or young person.  Some exceptions apply to this rule.  These can be discussed with your SEND Keyworker or the information, advice and support service, SENDIASS.

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