Some Children with Special Educational Needs and Disabilities (SEND) require an Educational Healthcare Plan (EHCP) to govern and document the additional support required to help those children meet their potential during education.

 

The first stage of obtaining an EHCP is for the Local Authority to carry out a needs assessment to decide whether it is necessary for them to then make provision.

 

A needs assessment must be formally requested. This request can be made by parents, the young person themselves (if they are over the age of 16 but under the age of 25), someone on behalf of a school/setting or anyone else involved with the child, for example health and social care professionals, early years practitioners or foster carers.

 

To determine whether to carry out a needs assessment, the Local Authority must consider a two stage test set out within the legislation. This asks:

 

1. Does the child or young person have or might they have special educational needs, and

 

2. Might it be necessary for special education provision to be made for the child or young person.

 

If it is a yes to both of the above questions, the Local Authority should proceed to carry out the assessment, so it is important to flag issues within the formal request to ensure that the Local Authority have all the information they need at the outset.

 

To assist the Local Authority in considering the above questions, there are multiple elements which can be included. Examples of these are:

 

· Evidence of the child’s academic attainment and rate of progress, and if applicable how this differs from their peers;

 

· Information about the nature or extent of the child’s special educational need and how this impacts or might impact their learning;

 

· Evidence of any action already taken by the educational setting;

 

· Evidence of progress that has been made but solely made as a result of additional intervention and support;

 

· Evidence of the child’s physical, emotional and social development and health needs, and information about what has already been done by other agencies to assist.

 

The timeline for a Local Authority to decide whether or not to proceed with a needs assessment and to inform the parents of the child/young person is within six weeks of receiving the request.

 

For further assistance, guidance or advice on appealing a decision please contact Chloe May on 01604 887455.