EHCP

To obtain a placement at a specialist SEN service, your child is required to have an education, health and care plan (EHCP).

To get an EHCP, a request for a needs assessment must be made directly to your relevant local authority.

As a parent or carer, you can make the request yourself – or if your child is over 16, they can request their own EHCP. A request can also be made by a member of staff at your child’s school/college/nursery, or by a health professional such as a doctor or a health visitor.

Obtaining an EHCP for your child can be a long process, with even successful applications usually taking around 20 weeks. If you are required to go through an appeal process – for example, if your application is unsuccessful, and you choose to take your case to a tribunal – it can take considerably longer.

After you submit a request for an EHCP, your local authority will decide within six weeks if they are going to carry out a needs assessment. They are legally required to do so if they believe that a) your child has (or may have) special educational needs; and b) they may require special educational provision through an EHCP.

During a needs assessment, your local authority will gather advice and information regarding your child’s needs, identify the provision required to meet those needs, and determine the outcomes against which progress will be measured.

Both you and your child should be given the opportunity to provide meaningful input during this stage of the process.

If the local authority decides to proceed, they will send you a draft EHCP for review within 16 weeks of your original request. You will be required to return the draft with any comments or changes, along with details of your child’s preferred school/college, within 15 days of receipt. If your local authority decides that your child does not need an EHCP following your child’s needs assessment, you will be notified within 16 weeks of your original request. You have a right to appeal this decision at any point within the following two months. 

You have a right to appeal if you do not agree with the named school/college in your child’s EHCP. Your local authority will send you a letter confirming their decision and notifying you of your right to appeal. It is important that you keep this letter as you will need it to lodge your appeal – this must be done within two months of receiving the letter.

In cases where an agreement cannot be reached with the local authority, your appeal will be considered by the Special Educational Needs and Disability Tribunal (SENDIST). Visit www.gov.uk/appeal-ehc-plan-decision for more details.

Our regional Placement Managers are always available to speak to you and guide you through the process.

If your local authority decides to proceed following your child’s needs assessment, you will be asked to name your preferred school/college. Your local authority will then consult with your preferred school/college, as well as some other local providers, to determine whether they can meet your child’s needs.

It is recommended that you visit all the providers that the local authority is considering, so that you can understand what each of them offers. If your local authority thinks another school/college can provide the support and would be more appropriate for your child, they may decide to name that school/ college rather than your preferred option. This decision will be made by your local authority panel.

The provider decided upon by the panel will be named in your child’s finalised EHCP, which will be issued within 20 weeks of your original request.