EHCP Assessment Process
How long will the process take
The whole process of EHC needs assessment and EHC plan development, from the point when an assessment is requested until the final EHC plan is issued, must take no more than 20 weeks (subject to exemptions). Where there are exceptional circumstances, it may not be reasonable to expect local authorities and other partners to comply with the time limits. The child’s parent or the young person should be informed if exemptions apply so that they are aware of, and understand, the reason for any delays.
The following specific requirements apply:
- Local authorities must give their decision in response to any request for an EHC needs assessment within a maximum of 6 weeks from when the request was received or the point at which a child or young person was brought to the local authority’s attention.
- When local authorities request information as part of the EHC needs assessment process, those supplying the information must respond in a timely manner and within a maximum of 6 weeks from the date of the request.
- If a local authority decides, following an EHC needs assessment, not to issue an EHC plan, it must inform the child’s parent or the young person within a maximum of 16 weeks from the request for a EHC needs assessment.
- When a decision to issue a plan is made the child’s parent or the young person must be given 15 calendar days to consider and provide views on a draft EHC plan and ask for a particular school or other institution to be named in it.
- A final EHC plan must be issued no later than 20 weeks from the start of the process.
This diagram sets out the statutory timescales and decision points for the process of EHC needs assessment and EHC plan development that local authorities must adhere to, subject to the specific exemptions.
Information and advice that will be obtained as part of the EHC Needs Assessments
Where the local authority secures an EHC needs assessment for a child or young person, it must seek the following advice and information, on the needs of the child or young person, and what provision may be required to meet such needs and the outcomes that are intended to be achieved by the child or young person receiving that provision:
- Advice and information from the child’s parent or the young person;
- educational advice and information from the head teacher or principal of the school or post-16 or other institution that the child or young person is attending or from a person responsible for educational provision for the child or young person;
- Medical advice and information from health care professionals with a role in relation to the child’s or young person’s health;
- Psychological advice and information from an educational psychologist;
- Advice and information in relation to social care;
- Advice and information from any other person the local authority thinks is appropriate;
- If the child or young person is either vision or hearing impaired, or both, the educational advice and information must be given after consultation with a person who is qualified to teach pupils or students with these impairments;
- Advice and information from any person requested by the child’s parent or young person, where the local authority considers it reasonable to do so.
Who makes the decision whether to issue an EHC plan
Wakefield LA has set up an Education, Health and Care Panel to support transparency and consistency in our decision-making. Education, Health and Care Panel undertake decision-making about whether to issue an EHC plan.
How will they make this decision
Education, Health and Care Panel will consider the information and advice obtained prior to and as part of the EHC needs assessment in order to determine whether it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan.