Decision on whether to issue an EHCP when a needs assessment has taken place
The assessment process must be completed by week 16 from when the original request for assessment was made. A decision must be made at that time whether to issue an Education Health Care Plan (EHCP) or not. An EHC needs assessment (EHCNA) will not always lead to an Education Health and Care Plan (EHCP).
The EHC multi agency panel will:
- consider the information gathered during the EHCNA and;
- decide whether to issue an EHCP
If the local authority (LA) decides an EHCP is needed, they should work closely with the parent carer and child or young person to make sure the plan takes account of their views, wishes and feelings.
A draft EHCP will be issued to the parent carer. They will be invited to:
- make comments about the draft plan
- nominate the name of the preferred setting they wish their child or young person to attend. This may be the setting the child or young person already attends
Parent carers have 15 calendar days to comment on the draft EHCP. They can ask for a meeting to discuss if necessary.
The LA will formally consult with the current/preferred school or setting. The school or setting will be asked to confirm if they can meet the child or young person's needs as set out in the EHCP. Schools and settings have 15 calendar days to respond to the consultation.
No later than week 20 from when the original request for assessment was made, the LA should:
- finalise the EHCP including any agreed requested amendments and;
- specify the name and type of education placement
If the EHC multi agency panel feel the child or young persons needs can be met without an EHCP and decide not to issue one, the educational setting should use the advice gathered throughout the assessment, and take on board the recommendations from professionals, to plan the provision required to continue to meet the child or young persons needs at SEN support.
The decision will be communicated in writing. It will include the offer of a meeting to discuss the decision not to issue a plan. It will also provide information about mediation and the right of appeal to Special Educational Needs and Disability Tribunal (SENDist).