The Local Authority (LA) will tell you that they are carrying out the EHC Needs Assessment within 6 weeks from receiving a request and continue to gather information.

When the LA 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 LA request.

The EHC Needs Assessment does not refer children and young people to services i.e. NHS or social care teams. Health and/or social care advice for a child or young person will only be provided if the child is known to the service or has recently been referred to a service. 

The Local Authority advises that it is always best for children and young people to have been referred to appropriate services prior to an EHC Needs Assessment being submitted. This would usually be carried out as part of a robust graduated approach.

• Parents/carers
• The child or young person
• The setting or school    
• Professionals working with the child or young person from education, health and social care teams.
• Any other person who the family feel can provide positive contribution

Those who are carrying out the assessment must listen to the wishes of the child or young person, and their parents. This is called a person-centred approach.

The Local Authority decides whether an Education, Health and Care Plan (EHCP) is needed. 

Decisions around whether to issue an EHCP or not are made by a multi-disciplinary panel made up of professionals from Local Authority education services, school representatives, health representatives and social care representatives.

The panel determines whether special educational provision outlined in the advice received means that an EHCP is necessary. As part of this decision-making the representatives will consider what is available to education settings via their own resources. This is called the Special Educational Needs and Disabilities (SEND) notional budget, which is government funding given to every school to meet the needs of children/young people with special educational needs and disabilities.

In preparation for the ‘decision to issue’ panel, your SEND officer in SENSTART may arrange to speak with you for any further information you wish to share. Your views should have been included in professionals reports and the EHCNA request paperwork.

If the Local Authority agrees to issue an EHCP, the next step is that the draft EHCP will be created.

If the Local Authority decides, following an EHC needs assessment, not to issue an EHCP, they must inform you within a maximum of 16 weeks from the date of the original request for assessment.

Our letter will detail the following:

• the reason for the refusal to issue
• the evidence received and considered as part of the decision
• the next steps for the parent/young person, education setting and any other professionals (as relevant)

The Local Authority provides this information so that the process is as transparent as possible.

The Local Authority often offer a ‘moving forward meeting’. The SEND officer will often arrange this to discuss the next steps and actions that need to be taken.

For further information visit What to do if you’re unhappy with SEND services.