Education, Health and Care Plans (EHCP)

Stages and timescales

At different stages, the SEND Panel will determine whether to go ahead with the needs assessment process.

There are legal exceptions to the timescales, but they can only be applied by the Council.

The Council will let you know as soon as possible if the assessment will take longer than expected.

The stages start from when you have made an application for an EHCP:

Stage 1

Deciding whether a needs assessment is appropriate

By week 6, the Council must decide whether a needs assessment is appropriate.

To do this the SEND Panel will look at:

  • your child / young person's academic attainment (the academic levels they are working towards, or developmental milestones in younger children) and their rate of progress
  • information about their needs, and how they impact their learning
  • an outline of what support has been provided, or is being provided, and evidence of the impact this has had
  • a description of your child / young person's physical, emotional, social development and health needs, and what has been done to support these - using evidence from clinicians, health professionals and services involved
  • if your young person is over 18, whether they need extra time to complete their education or training, compared to those without SEN

When a decision is made
The Council will write to you, the school / setting, and the young person (if appropriate) about the outcome.

If the needs assessment is agreed
The application will progress to Stage 2.

If the needs assessment is declined
The panel will make recommendations about other types of support. You, or the young person (if over 16), will be told about the right to appeal. You will also be directed to SENDIASS.

Stage 2

The needs assessment

By week 12, the Council must have:

  • asked for advice and information about the education, health and care needs of your child
  • carried out any reasonable request for assessments by you / the young person
  • collected your views and those of the child / young person

The Council will gather information about your child / young person's needs from:

  • You, and your child / young person
  • The school / setting they attend

They may also gather information from some, or all of these professionals:

  • An educational psychologist
  • Specialist teachers, if your child has a hearing / vision impairment
  • Health and social care services

They may also ask for advice and information from any person you reasonably request advice from, and any other views that may be important.

If your child is in year 9 or above, they should also look at ask for advice and information about preparing for adulthood and independent living.

If the Council already has up-to-date information / advice that accurately reflects the child / young person's needs, they do not need to ask for new information.

The Council will contact you / the young person to arrange a next steps meeting to discuss the decision when it has been made.

Stage 3

Making a decision

By week 16, all evidence and information must be submitted to the Council.

The SEND Officer will prepare the information to be presented to the SEND Panel.

The panel will decide whether to issue an Education Health and Care Plan.

You will be contacted in writing to let you know the decision.

If an EHCP is agreed

An outline plan will be sent to you / the young person, the school, and any relevant professionals to review.

You will be invited to discuss the outline plan with a SEND Support Officer at a next steps meeting.

The outline plan will be developed into a draft.

The draft plan will include any changes that were agreed during the next steps meeting.

You will be sent the draft plan in writing.

You will be asked for your preference of school / setting (see more about this in Stage 4), and to make any requests for changes to the draft plan within 15 days of receiving it. This is known as 'making representations'.

When you ask for changes to the plan

When you ask for changes to the plan, the Council may:

  • issue a final plan with some or all the changes (these will be clearly noted)
  • issue a final plan without the suggested changes
  • make changes that they would like, and re-issue a draft plan

Following this, the application will progress to Stage 4.

If the EHCP is declined

The Council will explain why they think your child's needs can be met without an EHCP.

You will be able to attend a next steps meeting to discuss the recommendations the SEND Panel have made about how to support the child / young person.

The letter will also give you details about how to appeal, and where you can get independent advice and support.

Stage 4

Producing the plan

By week 20, the final plan will be issued, with any agreed changes, and the school / setting that the Council has named.

See what is included in a plan.

If you are not happy with the contents of the plan, or the named school / setting, you have the right to appeal.