What is an Education, Health and Care (EHC) Plan?
An EHC plan is a legal document. It is designed to support Children and Young People who have complex special educational needs and disabilities (SEND).
Key Points:
- Purpose: The plan supports children and young people with SEND by outlining their educational, health, and social care needs
- Eligibility: It is for children and young people aged 0-25 who need more support than is available through SEN Support/Graduated Response
- Assessment: The process starts with a request for assessment and the LA decide whether an EHC assessment is required. If it is agreed, a formal assessment by the Local Authority will take place to determine if an EHC plan is necessary
- Content: The EHC plan includes detailed information about:
- the child/young person’s needs,
- the support they require, and
- the desired outcomes
- Involvement: Parents, carers, the child/young person, the educational setting and any relevant professionals are involved in creating and reviewing the EHC plan. This helps to ensure the plan meets their needs
- Legal Document: It is a legally binding document, meaning that the support specified in the plan must be delivered
- Review: The EHC plan is reviewed annually to ensure it remains relevant and effective
- Benefits: The EHC plan provides a coordinated approach to support. It ensures that educational, health, and social care services work together where necessary and understand the child/young person’s needs and how to support them
What should I do before requesting an EHC Needs Assessment?
- Check that your child/young person is:
- receiving SEND Support at their place of learning and
- that the Graduated Response is being used i.e. cycles of Assess Plan Do Review (APDR) etc
Find out more about the Graduated Response here
- If you have concerns about the support currently in place you can talk to the educational settings SENDCO
- Read the SEND Information Report for your child/young person’s educational setting. This can be found on their website and will contain information about their SEND offer and the process to follow if you have any concerns
- You can call the Local Authority's SEND phoneline 01872 324242 and speak with one of the SEND System Navigators. They can provide you with detailed information about the EHC Needs Assessment process
- Discuss any potential EHC Needs Assessment request with your child/young person’s educational setting
- Contact Cornwall’s Information, Advice and Support Service (SENDIASS) for additional support & information
You can find out more about Cornwall's SENDIASS here
EHC Needs Assessment Requests
Who can make a request?
- The child/young person’s educational setting (with the knowledge and agreement of the parent/carer or young person)
- A professional organisation, such as a health or social care professional. They should have the knowledge and agreement of the parent/carer or young person
- Parents/carers for a child aged 0-16 and for a young person with SEND (aged 16-25) who cannot make the referral independently or with support
- Young people with SEND between the ages 16-25 independently or with support
Although a parent/carer or young person can request an EHC needs assessment, it is advisable that the educational setting makes the EHC needs assessment request. This is because:
- The educational setting will be able to swiftly submit evidence of SEND Support e.g. cycles of APDR, demonstrating they have used the graduated response
- The evidence the educational setting provide will help the Local Authority in making an informed decision on whether an EHC needs assessment is required
What evidence is needed for an EHC Needs Assessment?
Clear and detailed evidence is necessary. This will help the Local Authority to make an informed decision on whether an EHC Needs Assessment is required. Evidence typically provided includes:
- Information demonstrating your child/young person’s needs, the support that has been provided and the impact of the support. Educational settings can provide multiple cycles of Assess, Plan, Do, Review (APDR), which they may also call an IEP, ILP or SEN support plan
- Detailed information demonstrating your child/young person’s attainment and their progress over time
- Your child/young person’s attendance record
- Any assessments/diagnoses/reports from relevant professionals that have worked with and/or assessed your child/young person
- The views and aspirations of your child/young person
- Your views, including why you feel an EHC plan may be necessary.
How do I submit a request for an EHC Needs Assessment?
Firstly please refer to the previous ‘EHC Needs Assessment Requests’ and ‘What evidence is needed for an EHC Needs Assessment?’.
- Educational Settings:
Request an EHC Needs Assessment using the Request for an Education Health and Care (EHC) needs assessment form for Educational Setting - Parents/carers and Young People with SEND aged 16-25:
You can email your request for an EHC Needs Assessment to the Statutory SEN Service. In order for the Local Authority to consider your request for an EHC Needs Assessment you must read, sign and return the Data Protection Document.
You can email the Statutory SEN Service here statutorysen@cornwall.gov.uk
Note - Please ensure you include as much information as possible, which is detailed within the above section 'Evidence for an EHC Needs Assessment'.
Who makes the decision about the request?
A multi-agency panel known as the 'SEN Panel' will consider all of the information within the EHC Needs Assessment Request. They will make a decision on whether an EHC Needs Assessment is required.
They will apply the two-part legal test:
- the child or young person has or may have special educational needs
- it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan
How long should a Needs Assessment take?
0-6 weeks:
- The request for an EHC Needs Assessment is submitted
- The Local Authority (LA) consider the request
- SEN Panel decides whether to conduct an EHC Needs Assessment
- The LA notifies the parent/young person of the decision within a maximum of 6 weeks from the date the Assessment request was submitted to the LA
6-16 weeks:
- The LA gathers further advice and information for the EHC Needs Assessment
- The LA consider the assessment information and decide whether an EHC plan is required
- The LA will notify the parent/young person of the decision within a maximum of 16 weeks from the date the Assessment request was submitted to the LA. If the decision is not to issue an EHC plan then you will receive information on your right to appeal
- If it is agreed to make an EHC plan, a draft EHC plan is prepared and sent to you
16 – 20 weeks:
- The parent/young person will be consulted on the draft EHC plan. Upon receipt you will have 15 calendar days to:
- consider and provide your comment on the draft EHC plan
- express a preference for the educational setting you wish to be named in the final EHC plan. In most cases the child/young person will remain in their current educational setting
- Following consultation with the parent/young person the draft EHC plan may require amending.
- The LA will liaise with you regarding any changes
- The LA will then consult the educational setting before naming them in the EHC plan
- The LA must issue the Final EHC plan no later than 20 weeks from the date the Assessment request was submitted to the LA. This will be sent to you and the educational setting named in section I of the EHC plan