Education, Health and Care (EHC) Plans and Requesting an EHC needs assessment
Education, Health and Care (EHC) Plans and Requesting an EHC needs assessment
Who are EHC plans for?
Children and young people have to be between 0 and 25, and in education or training (not university), or wanting to remain in education. Most children and young people with special educational needs and disability (SEND) don't require an EHC needs assessment. This is because the local school, early years or college setting can support their learning and progress from extra help that they can make available. This is known as SEN Support. Take a look at this short video which talks about the support available for children and young people in mainstream school /settings without an EHC plan, this is sometimes called 'the Graduated Response').
What is an Education Health and Care Plan?
An EHC needs assessment is a detailed look at a child or young person’s special educational needs (SEN) and the support he or she may need in order to learn. Please take a look at this short video form the CDC about the EHC
Education, Health and Care (EHC) Needs Assessment for children and young people in early years settings, schools or in further education
This information is about EHC needs assessment, which is sometimes called the statutory assessment. It covers children and young people age 0-25 in early years settings, schools/settings and post 16 setting.
The legal framework can be found at this link SEND code of practice: 0 to 25 years - GOV.UK
What is an EHC Needs Assessment?
An EHC needs assessment is a detailed look at a child or young person’s special educational needs (SEN) and the support he or she may need in order to learn.
Local authorities are responsible for carrying out EHC needs assessments under the Children and Families Act 2014. The needs assessment brings together information about:
- What your child or young person can and cannot do
- The special help they need.
It includes information from:
- Yourself
- Your child or young person
- The education setting
-
Other professionals who work with or support your
child or young person.
The assessment is to see if your child or young person needs an Education, Health and Care plan (EHC plan).
When is an EHC Needs Assessment necessary?
The education setting will give help through SEN support. This means help that is in addition to, or different from the support given to children or young people of the same age.
Some children need more intensive and specialist help. If your child or young person does not make progress despite SEN support, an EHC needs assessment might be the next step.
The local authority will look at
- Your Child or Young Person’s attainments and rate of progress
- Their Special Educational Needs (SEN)
- What has already been done to help your Child or Young Person
- The difference that previous support has made to your Child or Young Person
- Your Child or Young Person’s physical, emotional and social development and health needs.
The SEND Code of Practice says
“In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, the school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress. (9.14)”
“A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC Plan. (9.3)”
Who can ask for an EHC Needs Assessment?
- Parents
- A young person over the age of 16 (but under the age of 25)
- The education setting, but only after talking with you first It is always a good idea to talk to the education setting before asking for an EHC needs assessment.
What happens when the local authority gets a request for an EHC needs assessment?
As soon as the local authority gets a request for an EHC needs assessment, they must tell you about it. The local authority has up to six weeks to decide whether to make a needs assessment. During this time, they may ask you, the school and other professionals for information. They will look at all the information and must then tell you whether it has decided:
1. To start the EHC needs assessment immediately OR
2. That an EHC needs assessment is not necessary.
We have recently co-produced a document setting out the information we need to help us decide whether an EHC needs assessment is required or whether the child’s needs can be met without an EHC assessment and plan. You can read it here:
Newcastle Local Area - How we decide when to carry out an EHC needs assessment
What happens if the local authority decides that an EHC needs assessment is not necessary?
The local authority must tell you why it thinks that an EHC needs assessment is not needed. They must also tell you about:
- Your right of appeal
- Independent disagreement resolution and mediation
- How to get further information, advice or support If you disagree with the decision we can explain your options to you.
What happens if the EHC Needs Assessment goes ahead?
The local authority will write to you to tell you what will happen and ask for your views. Your views and your child or young person’s views are really important.
The SEND Code of Practice says:
Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan. They should also involve the child as far as possible in this process. The needs of the individual child and young person should sit at the heart of the assessment and planning process. (9.21)
Family Views
Providing your views during a request for an EHC needs assessment is an opportunity to describe your child in as much detail as you would like the Local Authority (LA) to know about them.
It's also really important to include your child's views and we would encourage you to discuss some of the questions with your child or young person. Your child or young person might find this exercise difficult, there are some tips and guidance within the 'Council for Disabled Children' website.
You can also ask us for more information about how to help your child to do this.
Include any information that you feel is relevant to your child and their needs, as well as any additional reports or documents, for example, letters of diagnosis, professional reports or recommendations.
The local authority will ask a number of other people for information about your child or young person. This is called ‘advice’ and it should include information about:
- Your Child or Young Person’s education, health and care needs
- The desired outcomes for your child or young person
- The special educational, health and care provision that might be required to meet their needs and achieve the desired outcomes.
The local authority must ask for advice and information from:
- Parents (or the young person)
- Your Child or Young Person’s education setting
- An educational psychologist
- Health professionals who work with your child or young person. This might include a paediatrician, speech and language therapist, physiotherapist or occupational therapist.
- Social Care staff
- Anyone else relevant who you ask them to contact.
If your child or young person has a vision or hearing impairment the local authority must also seek information and advice from a suitably qualified teacher.
As part of an EHC needs assessment, the SEND team will seek advice from social care about their previous involvement and assessments for your child.
You will have the chance to discuss your child with everyone involved in the needs assessment and you will receive a copy of all the reports when the needs assessment is finished.
What if some of this advice is already available?
Sometimes advice and information is already available because other professionals have been working with your child or young person. The local authority must not seek further advice if such advice has already been provided (for any purpose) and
the person providing the advice, the local authority and the child or young person’s parent or the young person are all satisfied that it is sufficient for the assessment
process. In making this decision, the local authority and the person providing the advice should ensure the advice remains current.
How long does the EHC process take?
The process should take 20 weeks:
By week 6: The LA must tell you if they will or will not be assessing your child.
By 16 weeks: The LA must finish the assessment and tell you if they will issue an EHC plan.
Between 16-20 weeks: The LA will send you a draft EHC plan. You have 15 days to comment and request a specific school.
By 20 weeks: The LA must complete the final draft of your child's EHC plan.
Every 12 months: The LA must review your child's plan. This is led by schools and settings.
How the LA makes decisions
We have set up ‘panels’ of professionals from schools, settings, education, health and social care services who consider requests for Education, Health and Care (EHC) plan assessments, whether to issue an EHC plan and the monitoring and review of EHC plans. Having a range of officers from different services ensures a joint collaborative approach to support the Local Authority in making transparent and equitable, well-informed decisions. Ultimately though it is the Local Authority’s decision and the Team manager of the Support, Assessment and Review Team Chairs the panels. Details of the what the panels do and who the panel members can be found by clicking here.
When does the EHC Needs Assessment end?
Once the local authority has all the information and advice it must decide whether your child or young person needs an Education, Health and Care plan.
An EHC plan is a legal document written by the local authority. It describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed.
Sometimes the local authority will decide that your child 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. The local authority must also tell you about your right of appeal.
If the local authority decides an EHC plan is necessary, it must first write a draft plan. It 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 also ask you which school you prefer your child to go to.
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.
The last stage is for the local authority to send you the final EHC plan. If you are still unhappy with the plan or cannot agree with the local authority about the education setting named, you have a right to go to appeal.
What if I do not agree with the LA about the EHC Needs Assessment or the EHC Plan?
At any stage you can ask to talk to a member of the local authority’s staff. This will usually be the person named in the letter the local authority sends to you when it decides whether to agree to your request for an EHC needs assessment.
You also have a right to request independent disagreement resolution and, in some circumstances, mediation. Further detaila are included at the end of this webpage.
Writing about your child: A Checklist to Help
As a parent you are an expert on your child. If you are requesting an assessment or
providing further information as part of the assessment itself, it is important to give clear information about your child’s needs.
Your Child’s Early Years:
When did you first noticed any problems – big or small? Did you tell anyone? What help or advice did you get?
Your Child Now:
- Health: eating, sleeping, illnesses, tiredness, depression, panic attacks
- Physical Skills: walking, climbing, handwriting, using scissors
- Communication: hearing, gestures, eye contact, speech: describing things, talking to people, using the telephone, taking messages
- Personal Skills: dressing, washing, dealing with pocket money, time-keeping, remembering to pack sports kit/ or pencil case
- Behaviour: showing anxiety or frustration, problems with concentration.
Your Child at Home:
- Hobbies: watching TV, reading, playing games
- Outside activities: clubs, sports
- Relationships: parents, brothers and sisters, other adults, friendships
- Behaviour at home: sharing, listening, fighting with siblings, moods, tantrums
- Homework: difficulty remembering what to do or finishing in the set time.
Your Child at School or College:
- Lessons: What lessons or activities does your child enjoy?
- Relationships: Friendships, relationships with teachers
- Problem areas: lessons, playtime, new teacher, change in routine
- Extra help: what has worked or not worked for your child
- Are your child’s difficulties getting worse? Does any particular incident or piece of work illustrate your child’s difficulties?
- What help do you think your child needs?
Your Child’s Views:
- Does your child enjoy going to school? What do they like best?
- What would they like to achieve? What makes it hard for them to do this?
- What help does your child think they need?
How do I request an EHC assessment?
The EHC needs assessment is a detailed process to find out what the child’s or young person’s special educational needs are and what provision should be put into place to meet them. It will show whether it is necessary to issue an EHC plan setting out the additional help, over and above what is available to the mainstream school or setting, to meet needs.
If you feel that a EHC needs assessment and plan is necessary you should talk to your SENCo. The recommended way for families to request a needs assessment is through the school or education settings. Usually schools /settings complete the request form with parent/carers.
The assessment may not lead to a plan being issued.
Notes for schools/settings:
We are now only taking requests from professionals through the SEND Portal.
The request form asks for more information than the old one, but this means that schools and settings will no longer have to complete an additional education advice form. However, if we haven’t got all the information we need on the request form we may need to get in touch again. Or if you get hold of additional information please upload it to the portal.
Schools should note that short term outcomes for the child/young person will not be included in the EHC but should be added as an appendix and included in the individual education plan. This is at the advice of the DfE and is set out in the SEND Code of Practice.
Requests from parents/carers or young people
Requests for assessment do not have to come from a school and can be made by:
- The child/young person's parents/carers (or somebody on their behalf)
- The young person if over the age of 16 (or somebody on their behalf) or
- A person acting on behalf of an early years setting, school or post 16 institution, (this should be with the knowledge and agreement of the parent/carer or young person where possible)
In addition, anyone can inform the local authority about a child or young person who has, or may have, Special Educational Needs or Disabilities (SEND). This could include foster carers, health and social care professionals, early years practitioners, youth offending teams or probation services. It may also include those responsible for education in custody, school or college staff or a family friend. Again, this should be done with the knowledge and agreement of parents/carers or the young person where possible.
If a local authority (LA) is requested to carry out an EHC needs assessment by a parent, young person, school or college, they must consider:
1 - whether the child or young person has or may have SEN
2 - whether they may need special educational provision to be made though an EHC plan
This is often referred to as the '2 Legal Tests'.
If the answer to both of these questions is yes, they must carry out an EHC needs assessment.
Citizen’s Portal
Did you know you can put your request in via our Citizen’s Portal?
This will mean that as your request progresses you will be able to see professional advices that are coming in and ultimately draft and final EHC plans.
The link to the portal can be found here: Citizen Portal - Sign in
On our Local Offer page for the SEND Portal, we have included a video to show parents how to use the portal. You can watch it by clicking here
Below there is a parent request form that you could use to put your request together and upload to the portal. The webpage also includes a number of different forms at the bottom of the page to help guide you and get children’s views. The following guidance forms have been co-produced with parents/carers and children and young people to help put ensure their views are included in the assessment and plan.
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My Views Guidance EHCP.docx
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Parent/Carer needs assessment request and contribution form
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Pupil: Guidance to EHC contribution - BUBBLE
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Pupil: Guidance to EHC contribution - PLAIN
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Pupil: Guidance to EHC contribution - SYMBOLS
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Ruth's top tips for running a meeting with children and young people
Newcastle Special Educational Needs and Disabilities Information, Advice and Support Service (SENDIASS)
You can request advice or support from the SSENDIASS. This service can support you by providing you with advice and information. Please contact:
Tel: 0191 211 6255
Email: sendiassadmin@newcastle.gov.uk
http://www.newcastlesendiass.co.uk
SENDIASS have produced a number ‘How to’ Guides for Parent/Carers: that you may find useful.
How to understand SEND Support
How to have a successful meeting
How to review an Education, Health and Care plan
If you are not happy with a decision regarding an EHCP assessment or review.....
Call us
We will work with you to sort out any concerns you may have and explain why the decision has been made. If any further advice or evidence is now available, please send us a copy and we will consider this as it may make a difference to the original decision. Please contact:
SEND Support, Assessment and Review Team
Tel: 0191 277 4650
Email: sencaseworkers@newcastle.gov.uk
Seek Mediation
If we are unable to come to an agreement independent mediation arrangements are in place to help discuss, resolve or prevent any disagreements linked to decisions about EHC needs assessments and plans. An adviser will provide you with information on how they can help. Please contact:
Sue Hall, Chapel Mediation & Consultancy Service
Tel: 07792227526 or
Email: suehall113@gmail.com
Please note if you wish to make an appeal to the SEND Tribunal you may only do so after contacting the mediation service and discussed whether mediation might be a suitable way of resolving the disagreement. They will issue a certificate.
Apply to a SEND Tribunal
If you still wish to appeal to the tribunal, you should do so within two months of receiving this letter or one month from the date of a certificate being issued, whichever is the later. Information on how to appeal to the Special Educational Needs and Disability Tribunal can also be obtained from:
HM Courts & Tribunals Service
Special Educational Needs & Disability Tribunal
1st Floor Darlington Magistrates’ Court
Parkgate
Darlington DL1 1RU
Tel: 01325 289 350
Advice on making SEND appeals to the Tribunal is available from:
www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability
Add details about mediation and SEND Tribunal
Below are the details of the other support services available to families who support children and young people with special educational needs in Newcastle
The Parent Carer Forum – https://www.newcastlepcf.co.uk/contact/
Pass it on Parents Advice and Support at Skills for People – Facebook page - Pass it on Parents Newcastle upon Tyne | Facebook
The Access Fund - The Access Fund - Nunsmoor Centre Trust
Get connected - Get Connected | Newcastle Support Directory
The Art garden - Art Garden and Music Garden at Scotswood Community Garden
Newcastle Carers Centre - Newcastle Carers - Local Carers Support Services Near Me | Carers Trust - Carers Trust
If you want any information about the EHC process please contact the SEND Support, Assessment and Review Team:
Phone: 0191 277 4650
Email: sencaseworkers@newcastle.gov.uk
We want to hear your views about the EHC process
If you have been through the EHC planning process we would really appreciate your feedback. Please complete the short survey at :
