What is an EHC needs assessment?

An Education, Health and Care (EHC) needs assessment is a detailed look at a child or young person’s education, health and care needs. The assessment is to identify if a child or young person needs an Education, Health and Care plan (EHCP) to be in place.

Who can ask for an EHC needs assessment?

• a child’s parent

• a young person over the age of 16 but under the age of 25

• a person acting on behalf of a school or post-16 institution (this should be with agreement of the parent or young person where possible)

SENDIASS usually advise parents and young people to talk to the nursery, school or college, before requesting an EHC needs assessment.

Anyone else (for example a health or social care professional) can bring a child or young person to the attention of the Local Authority, particularly where they think an EHC needs assessment may be necessary.

When should an EHC needs assessment be carried out?

If a local authority is requested to carry out an EHC needs assessment, it has to consider the 2 points below;

• whether the child or young person has or may have special educational needs (SEN), and
• whether the child or young person may need special educational provision to be made through an EHC plan

If the answer to both questions is yes, then an EHC needs assessment must be carried out.

The SEND Code of Practice says:

In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.

To inform their decision the local authority will need to take into account a wide range of evidence, and should pay particular attention to:

• evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress
• information about the nature, extent and context of the child or young person’s SEN
• evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN
• evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided
• evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and
• where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training.

What happens when the local authority gets a request for an EHC needs assessment?

When the local authority gets a request for an EHC needs assessment, it has to decide if an assessment will be carried out and inform you of the decision within 6 weeks.

What happens if the local authority decides that an EHC needs assessment is not necessary?

The local authority must tell you why it thinks that an EHC needs assessment is not needed. It must also tell you about:

• • your right of appeal to the Special Educational Needs and Disability Tribunal and the time limit for appealing
  • disagreement resolution and mediation
  • how to get further information, advice or support

What happens if the EHC needs assessment goes ahead?

The SEND Code of Practice says:

Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan. They should also involve the child as far as possible in this process. The needs of the individual child and young person should sit at the heart of the assessment and planning process. (9.21)

During an EHC needs assessment, the local authority are required to get advice and information from;

– you, as your child’s parent or as a young person

– educational advice (usually from the head teacher or principal)

–   medical advice and information from a health care professional

–   psychological advice and information from an educational psychologist

–  advice and information in relation to social care

–  where your child (or you as a young person) is in or beyond year 9, advice and information in relation to provision to assist your child/you in preparation for adulthood and independent living, and

– advice and information from any person requested by the child’s parent or young person, where the local authority considers it reasonable to do so.

–  advice and information from any other person the local authority thinks appropriate

If your child has a vision or hearing impairment the local authority also has to seek information and advice from a suitably qualified teacher.

When does the EHC needs assessment end?

Once the local authority has all the information and advice it has to decide whether your child needs an Education, Health and Care Plan (EHCP).

The legislation says;

Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan —

(a)the local authority must secure that an EHC plan is prepared for the child or young person, and

(b)once an EHC plan has been prepared, it must maintain the plan.

An EHCP is a legal document, it describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed. You can find more about EHCP’s by visiting our EHCP information page.

If the local authority decides to issue an Education, Health and Care Plan, it must first send you a draft plan (containing the advice and information gathered during the EHC needs assessment). Parents or a young person, then have 15 days to give their views about the contents of the proposed plan.

A final Education Health and Care Plan (EHCP) has to be issued within 20 weeks from the date of the EHC needs assessment request.

Summary of time frames of the EHC Needs Assessment Process;

• When the local authority receives a request for an EHC needs assessment – this is the start date.
• The local authority decides whether an EHC needs assessment is needed – within 6 weeks of the start date.
• If the local authority decides not to issue a plan, they must tell parents or the young person – within 16 weeks of the start date.

• If local authority decides to issue a plan, they will send a draft EHC plan to parents or the young person. – parents/ young person has 15 days to respond.
• The local authority issues the final EHC plan – within 20 weeks of the start date.

You can find out more about EHC needs assessments by;

Reading the SEND Code of Practice Chapter 9 

Reading the SEND guide for parents and carers which provides further information on how the SEND system works

Visiting the IPSEA website, which has information pages and guides available for different stages of the EHCP process

Contacting SENDIASS, we can discuss your individual circumstances and give you information advice and support at any stage of the EHCP process

We also hold information sessions about the EHC needs assessment process, you can find out more on the NLSENDIASS Live page