Rotherham SENDIASS

As soon as the Local Authority gets a request for an EHC needs assessment, they must tell you about it.

The SEND Code of Practice says:

In considering whether an EHC needs assessment is necessary, Local Authorities should pay particular attention to the views, wishes and feelings of the child and his or her parent, or the young person. (9.12)

The Local Authority has up to six weeks to decide whether to make a needs assessment. During this time, it may ask you, the school and other professionals for information.

It will look at all the information and must then tell you whether it has decided:

To start the EHC needs assessment immediately

Or

That an EHC needs assessment is not necessary.

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
• Independent disagreement resolution and mediation

• How to get further information, advice, or support

If you disagree with the decision, Rotherham SENDIASS can explain your options to you.

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)

The Local Authority will write to you to tell you what will happen and ask for your views. Your views and your child’s views are important. Rotherham SENDIASS can give you information, advice, and support to help you with this.

The Local Authority will ask a number of other people for information about your child. This is called ‘advice’ and it should include information about:

• Your child’s education, health, and care needs
• The desired outcomes for your child
• The special educational, health and care provision that might be required to meet their needs and achieve the desired outcomes

The Local Authority must ask for advice and information from:

• Parents (or the young person if they are 16-25)
• Your child’s early years setting or school
• An educational psychologist
• Health professionals who work with your child. This might include a paediatrician, speech and language therapist, physiotherapist, or occupational therapist
• Social care staff
• Anyone else you ask them to contact who may be able to give relevant advice

If your child has a vision or hearing impairment, the Local Authority must also seek information and advice from a suitably qualified teacher.

The Local Authority should also try to find out your child’s views. You, the school and other professionals may be able to help with this. If you think your child needs someone to help them to give their views, you can ask Rotherham SENDIASS for more information about this.

You will have the chance to discuss your child with everyone involved in the needs assessment and you will receive a copy of all the reports when the needs assessment is complete.

If you want information, advice, or support during the EHC needs assessment, contact Rotherham SENDIASS.

You can find out more about advice and information for EHC needs assessments in the SEND Code of Practice, Sections 9.45 – 9.52.

What if some of this advice is already available?

Sometimes advice and information is already available because other professionals have been working with your child.

The SEND Code of Practice says:

The local authority must not seek further advice if such advice has already been provided (for any purpose) and the person providing the advice, the local authority and the child’s parent or the young person are all satisfied that it is sufficient for the assessment process. In making this decision, the local authority and the person providing the advice should ensure the advice remains current. (9.47)

When does the EHC needs assessment end?

Once the Local Authority has all the information and advice, it must decide whether your child needs an Education, Health and Care Plan.

An EHC Plan is a legal document, written by the Local Authority. 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 read more about Rotherham EHC Plans on the Rotherham SEND Local Offer.

Sometimes the Local Authority will decide that your child has special educational needs that can be met through SEN support. If this is the case, the Local Authority must tell you of its decision within 16 weeks of receiving a request for an EHC needs assessment. The Local Authority must also tell you about your right of appeal.

If the Local Authority decides an EHC plan is necessary, it must first write a draft Plan. It will send you the draft EHC Plan and copies of the reports so that you can read it all. You should check that everything you think is important has been included, and that you agree with the outcomes and the proposed provision. The Local Authority will also ask you which school you prefer your child to go to.

You have 15 days to make comments, to ask for a meeting or to accept the draft Plan.

Note that if you do not reply within 15 days, the Local Authority may assume that you agree with the draft Plan.

The last stage is for the Local Authority to send you the final EHC Plan. If you are still unhappy with the Plan or cannot agree with the Local Authority on a school, you have a right to go to mediation and/or to appeal (see below).

If you need help at any stage, you can contact Rotherham SENDIASS.