Decision on whether to issue an Education, Health and Care Plan (EHCP Test)

After completion of an EHC Assessment Document, your case will be presented to the Stage 2 SEN Panel. This will usually be in the 13th week following an EHC Assessment Request being made. 

The Stage 2 SEN Panel is attended by the same range of professionals as at the Stage 1 SEN Panel. This includes:

• SEN Team Manager (chair)
• Social care representative - Short breaks/social care
• Designated Clinical Officer
• Other Health representative e.g. therapist
• Educational Psychology
• Schools representative - Head Teacher / SENCO / School Standards

The purpose of the panel is to make sure that the Local Authority benefits from the advice of subject experts when making decisions. Note that the panel can reccommend but it is for the Local Authority to make a final decision. 

The Terms of Reference and Attendee Advice documents provide more information about when the panels are held, who attends and what decisions the panel is required to make.

Your case is typically presented to the Stage 2 SEN Panel for a decision 13 weeks after an initial EHC Needs Assessment Request is made. The Local Authority is legally required to give you a decision 16 weeks following your initial request at the latest.

Your case officer will begin converting information collected during the EHC Needs Assessment into a draft Education, Health and Care Plan (EHCP). 

Download a template for an EHCP by clicking here

You will then be invited to review the draft EHCP and request any changes you wish to be made. You are asked to specify the type of nursery, school, or college you would like to be named in the plan (e.g. a mainstream or special school). Your case officer will then liaise with the chosen setting to arrange a place.

The EHCP drafting process will be completed within 20 weeks of the Local Authority recieving the initial request. 

During the 20th week, the final EHCP will be issued. The Local Authority will then be under a legal obligation to arrange any provision specified in the plan.

What information goes into an EHCP?

The information contained in an Education, Health and Care Plan covers a child or young person's education, health and care needs, their desired outcomes, and the range of multi-disciplinary support that will be provided to help them achieve their outcomes. This information is split into different sections. 

Section A: All about me. This is the section where the child / young person and/or their parents can write about themselves. What are their interests, hopes and dreams? What is their story so far? What makes a good day and what makes a bad day for them?

Section B: My education needs. This section gives details of the child / young person's special educational needs (e.g. communication, cognition and learning).

Section C: My health needs. This section gives details of the child / young person's health needs which relate to their special educational needs or to a disability.

Section D: My social care needs. This section gives details of the child / young person's social care needs which realte to their special educational needs or to a disability.

Section E: My outcomes. This section contains information about the outcomes for the child or young person that have been agreed and the steps needed to achieve them.  

Section F: The special educational provision required for me to achieve my outcomes. This explains what is needed, what is going to happen, who is going to do it, what skills, qualifications or training they require, how often it will be made available and when it will be reviewed.

Section G: Health Provision. This section sets out any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs.

Section H1: Social Care Provision. This section sets out any social care provision which must be made for a child or young person under 18 resulting from Section 2 of the chronically Sick and Disabled Persons Act 1970 (CSDPA).

Section H2: Social Care Provision. Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having special educational needs.

Section I: Education Placement. This is where the young person or their parents/carers may make a choice about the nursery / school / college they would like the young person to attend. 

Section J: Personal Budget. If a young person or their parents/carers request an personal budget, details of this will be specified here. 

Section K: This section lists all of the reports and assessment that have been used to write the EHCP. 

Download a template for an EHCP by clicking here

What if I disagree with the final EHCP?

If you disagree with anything inside the final Education, Health and Care Plan, you should first speak to the SEN Team to see whether they can resolve this for you. Speak to your case officer, or visit our Speak to a Manager page.

You may enter into disagreement processes if the SEN Team is unable to satisfy your concerns. This includes mediation, where an independent third party aims to resolve the dispute, or an appeal to the SEND Tribunal. 

Click here for more information on the disagreement process.   

Share your experience

The SEN Team are participating in the Personal Outcomes Evaluation Tool (POET) to collect feedback on the EHCP application process and any positive outcomes achieved. This helps us to improve the experience for families and provide better support to young people. 

If you / your child have an EHCP and would like to give your feedback, please click here.

What next?

The Local Authority will arrange the provision specified in the EHCP. Every year, you will be invited to a meeting at your child's nursery / school / college to discuss the plan and whether any changes need to be made. This is called the Annual Review. 

If your child needs support to get to and from their school / college, you can apply for Travel Assistance. 

Please click here for more information on what happens after you have a plan.  

We will write a letter to you within 16 weeks explaining the reasons for our decision not to issue an Education, Health and Care Plan (EHCP).

Even if your child doesn’t need an EHCP, there will still be support available. We'll invite you to a meeting to discuss the decision and possible ways forward. This is called a Next Steps Meeting.

Your case officer will work with you to convert the information collected during the EHC Needs Assessment into a School-Based / Preparation for Adulthood Plan. This will set out how needs can be met through the existing Local Offer. 

If you disagree with our decision, you have two months to appeal to a tribunal. We will explain how you can appeal. As part of this process you will also be given information about mediation where an independent third party will seek to informally resolve disagreements.

For more information on disagreement processes, please click here.