Education, Health and Care Needs Assessment and Plan Timeline
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Once a decision has been made to carry out an Education, Health and Care Needs Assessment (EHCNA), the entire process should last no more than 20 weeks. On the following sections you could see the stage-by-stage timeline for getting an Education, Health and Care Plan (EHCP) for your child.
Who can request an EHCNA?
Any practitioner working with a child, young person, parent or carer can request an EHC Needs Assessment.
If a child or young person is attending an educational setting (nursery, school, college) we recommend that you speak to the headteacher or principal of this setting and or the teacher with responsibility for children/young people with special educational needs. The educational setting can make a request on behalf of the parent, carer or young person.
If you wish to make a request for an EHC Needs Assessment, please contact:
The Bi-borough SEN Service
Royal Borough of Kensington & Chelsea
Kensington Town Hall
Hornton Street
London
W8 7NX
Telephone: 020 7361 3311
Email: [email protected]
Decision to assess
A parent/carer or school makes a request for an EHC Needs Assessment to the LA. You could use this form. Alternatively, you could write a letter saying why you think your child has special educational needs and why his/her needs cannot be met at school without additional support. You should supply any information/reports you have.
The LA process your application (1-6 weeks)
The Bi-Borough SEN Service receives and processes your application. You need to give your written consent to share information with the other bodies who will be involved in the EHCP process.
Within 6 weeks of making the EHCP request, you will receive a letter from the Bi-Borough SEN Service with a decision about the request for an EHC Needs Assessment. If they feel that this is not necessary, the letter will explain why not.
If the decision is not to access, you can accept the decision, or you can appeal the decision to SENDIST using services such as Global Mediation, or Full Of Life IASS service. You can also request a meeting with an LA officer to discuss the decision.
Note: You have 2 months to appeal to SENDIST from the date of the decision letter from the LA. You will need a mediation certificate before you can lodge an appeal and it is important that you do not miss the appeal deadline.
Assessment and evidence gathering (6-12 weeks)
If the EHC needs assessment is agreed, the local authority will seek information from:
- The child or young person – their views, wishes and feelings
- The child’s parent/s
- People in your child or young person’s current educational environment, usually the class teacher, SENCo or Headteacher.
- An educational psychologist
- Any other professional involved with the child or young person that the LA thinks is appropriate
- Any person the child’s parent or the young person reasonable requests
- Advices sought from Social care
The identified professionals have 6 weeks to complete their advice.
There could be exenuating circumstances to this timeframe and if this occurs, this will be discussed directly with the parent or young person.
If the decision is to issue an EHCP (weeks 13-16)
By week 16, the LA has to decide if an an EHC Plan is to be issued. if an EHCP is to be issued the draft version will be sent to parents or the young person for their consideration. The draft EHCP will be be sent along with all of the information and advice received during the EHC Needs Assessment process.
Once the draft EHCP has been issued, the parents have 15 days in which to respond to the draft with their comments and changes, to name the type of school (mainstream or special) and/or the specific school they want named in the EHCP and to request a meeting with the LA if they would like to discuss the EHCP.
Once the LA has received the parent’s decision about educational placement then they must consult with the placement specified by the parents and young person, and the educational establishment must respond with its decision within 15 days.
The LA may not be able to specify the educational placement of parental/young person preference in the EHCP, but this is a decision that is based on the specific legal principles, which are:
- It would be unsuitable for the age, ability, apititude, or SEN of the child or young person, or
- the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources.
If by week 16 the LA decision was to not issue an EHCP then it must notify the right of the appeal to parents or young person.
Draft plan (weeks 17-20)
By week 20 the LA should issue the final EHCP. A copy should be sent to the parents and to the school named in the EHCP, where the child or young person will be attending.
The letter sent with the final EHCP should also set out details about the right of appeal if you are unhappy with the contents of the EHCP. It will provide other details such as information about mediation, inclduing links to services such as Global Mediation, or Full Of Life IASS service.
Next steps: The Annual Review
Your child's EHCP should be rewieved yearly. This is what is known as 'the Annual Review'.
The annual review gives the parents, the child or young person the Local Authority, and the educational facility an opportunity to reflect on the last year and suggest changes.