What is an EHC needs assessment?
This brings together advice from families and practitioners to determine the education, health and care needs of your child or young person, and the provision which may be required to meet their needs and achieve their goals and aspirations.
There should be a ‘person-centred’ approach which puts your child or young person at the heart of the process so they can be involved in all aspects of planning and decision-making. They, and those that know them best, should be enabled to say what they have done, what they are interested in and what outcomes they are seeking in the future.
The SEND Code of Practice 2015 says:
When carrying out an EHC needs assessment the local authority should seek views and information from the child using appropriate methods, which might include observation for a very young child, or the use of different methods of communication such as the Picture Exchange Communication System. (9.45)
What happens during assessment?
You will have already submitted your views and those of your child or young person by completing the family views form when assessment was requested. You can send any new information, including any recent letters or reports that were not available previously.
The Family Services Team will ask a number of other people for information about your child or young person. This is called ‘advice’ and 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 carers (or the young person)
- your child or young person’s education setting
- an Educational psychologist (who will usually arrange to see your child or young person in their setting)
- health professionals involved with your child or young person. For example, this might include a Paediatrician, Speech and language therapist, Physiotherapist or Occupational therapist
- Social care staff
- anyone else relevant who you ask the local authority to contact, provided they consider reasonable (for example their GP, or a service provider you feel might have some relevant information)
From Year 9 onwards, advice must include information about support to prepare for adulthood and independent living.
If your child or young person has either a vision or hearing impairment the educational advice and information must be given after consultation with a suitably qualified person.
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.
The SEND Code of Practice 2015 says:
The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement…They may comment on the amount of provision they consider a child or young person requires and local authorities should not have blanket policies which prevent them from doing so. (9.51)
Advice and information requested by the local authority must be provided within six weeks of the request, and should be provided more quickly wherever possible, to enable a timely process (9.52)
What if we won't be seeing our health service provider within the assessment timeframe?
Advice and information requested by the local authority must be provided within six weeks of the request (subject to only a few exceptions outlined in section 9.42 of the SEND Code of Practice 2015).
Usually the health professional will use information they already have about your child, however things may have changed for your child and you believe the information is out of date. You could contact your health service provider to explain, and ask if the appointment can be brought forward to enable up-to-date advice to be provided within their 6-week deadline.
You may find that the local authority finalise the EHC plan without this advice in order to meet the lawful timescale, and agree to amend the plan when the advice is received.
When does the EHC needs assessment end?
If the local authority decides an EHC plan is not necessary they must notify you or your young person, the educational setting and health provider within 16-weeks of the original request for assessment.
If the local authority decides an EHC plan is necessary, they must prepare a draft plan and allow enough time for you to respond to the draft so that they can finalise the plan by the overall time limit of 20-weeks.
What can I do if these deadlines pass?
These are legal timescales and local authorities are expected to comply, however, our advice is always to keep dialogue open with the local authority.
Ask your Family Services Co-ordinator when you will receive the draft/final plan. If you are unhappy a timescale has not been met you could complain to the local authority (LA) and, if you are dissatisfied with the response to your complaint, to the Local Government Ombudsman.
Where a practitioner has recommended provision in their report, this could be put in place now ahead of the EHC plan being finalised. There may however be instances where a setting will need to discuss additional help from the local authority to be able to meet the needs.