Education, Health and Care needs assessment

Timescales and appeals

The Local Authority receives a request for an EHC needs assessment. The Authority must tell parents about this request

This is the start date

The Local Authority decides whether an EHC needs assessment is needed. The Authority must tell parents about its decision

Within six weeks of the start date

The EHC needs assessment takes place

This starts as soon as the decision is made

EITHER

The Local Authority tells the parents of the decision not to issue an EHC Plan

Within 16 weeks of the start date

The Local Authority sends a draft EHC Plan to parents

Parents must respond to the draft EHC Plan. They can: • agree that the draft is adequate • ask for changes • ask for a meeting Parents have the right at this point to state a preference for a school or early years setting

Within 15 days of receiving the draft EHC Plan

The Local Authority consults with the school or early years setting

Within 15 days of parents’ response to the draft EHC Plan

The Local Authority issues the final EHC Plan

Within 20 weeks of the start date

How long does all this take?

Sometimes this timescale can be different. See SEND Code of Practice, Section 9.42.

What if I do not agree with the local authority about the EHC needs assessment or the EHC Plan?

At any stage you can ask to talk to a member of the Local Authority’s staff. This will usually be the person named in the letter the Local Authority sends to you when it receives a request for an EHC needs assessment.

If the Local Authority decides that an EHC needs assessment and an EHC Plan are necessary for your child, they must carry out the assessment and issue a Plan, whatever your views are.

Rotherham SENDIASS can give you impartial information and advice about the options open to you and can support you through the process.

You also have a right to request independent disagreement resolution and, in some circumstances, mediation. You can find out more about disagreement resolution and mediation on our website and in the SEND Code of Practice, Chapter 9.

Rotherham SENDIASS