Education Health and Care Plan (EHCP)

The Children and Families Act (2014) states that,

• The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted, the authority is of the opinion that—
• (a)the child or young person has or may have special educational needs, and
• (b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

This is known as the 'legal test'.

The SEND Code of Practice (9.14) states that in considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, 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. To inform their decision the local authority will need to take into account a wide range of evidence, and should pay particular attention to:

• evidence of the child or young person's academic attainment (or developmental milestones in younger children) and rate of progress
• information about the nature, extent and context of the child or young person's SEN
• evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person's SEN
• evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided
• evidence of the child or young person's physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and
• where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.

• The parent of a child who is under 16.
• A young person aged 16 to 25 and/or their parent/carer.
• An early years setting, school, college or training provider.

Parents/carers and young people aged over 16 who are considering making a request for an EHC needs assessment should first speak to the nursery, school or post 16 setting. It is important that you let the setting know of your intention as they will be asked to provide evidence to support your request.

Further information about EHC needs assessments and the request form can be found on the Surrey Local Offer webpage.

The LA must tell you why it thinks that an EHC needs assessment is not needed (in writing). They must also tell you about:

• your right of appeal to the Special Educational Needs and Disability Tribunal (SENDIST) and the time limit for appealing
• independent disagreement resolution and mediation
• how to get further information, advice or support.

Further information can be found on our Appeals and mediation pages.

The EHC needs process from start to finish should take no more than 20 weeks. You can find a detailed timeline of what happens at each stage of the EHC needs assessment process on the Surrey Local Offer site.

If the LA decide to assess then the next stage of the process will begin. This is known as the statutory advice stage.

The LA must seek advice from a number of different people and this is set out in the of the Special Educational Needs and Disability Regulations 2014, Regulation 6(1). They are:

1. the child's parent or the young person
2. educational advice (usually from the head teacher or principal)
3. medical advice and information from a health care professional
4. psychological advice and information from an Educational Psychologist (EP)
5. advice and information in relation to social care
6. advice and information from any other person the Local Authority thinks appropriate
7. where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living and
8. advice and information from any person the child's parent or young person reasonably requests that the local authority seek advice from.

If your child is hearing impaired or visually impaired the educational advice must come from a suitably qualified person.

In the SEN Regulations, under 6(1)(h), a parent or young person can ask the LA to seek advice from anyone within education, health or social care, as long as it is a reasonable request. This can include a speech and language therapist, occupational therapist, physiotherapist or other professional. A request would be considered reasonable where, for example, a child or young person is already known to that service, has been identified as needing an assessment already and they are on a waiting list, or where the school, college or other professionals have said this may be needed and they have previously sought advice from the service regarding this particular need. It is best to put this request in writing, so that you have a record of your request.

It is important to recognise that seeking advice may not be the same as a full assessment.

Once the draft copy of the EHCP is received, you will have 15 days from the date of the letter to check the plan and put forward your choice/s of educational setting.

Guidance on how to check the draft EHCP and what to check for can be found on our YouTube channel.

IPSEA have guidance on their website as well as an explanation of the sections of the EHCP and an EHCP checklist.

The EHCP will be reviewed annually but if your child's needs significantly change during the year, then an early review meeting can be requested. Each time an EHCP is finalised after a review, you have the right to appeal if you are not in agreement with the final plan. See our annual review process page for details.

Once a young person aged 18 or over leaves education and no longer wishes to engage in further learning, their EHCP will be ceased as it is no longer required.

If the LA write to you to inform you that they are considering ceasing an EHCP and your child/young person is still in education and/or learning (including apprenticeships) then you must email them back to state this. Reply to the email, copy in your Case Officer and the setting (for example the school, college or apprenticeship provider) where your child/young person attends. Do this as soon as possible to prevent the EHCP being ceased in error.

If a young person has an EHCP and is moving on from school or college to Higher Education, their EHCP will cease as there is different funding available to support them. For further information see the Disabled Students Allowance (DSA) page on the GOV.UK website.