When an EHCP Statutory Assessment is needed
When, despite the early years setting, school or college, having taken relevant and purposeful action to identify, deliver and review SEN support through the graduated approach, the child or young person is not making expected progress, a request for an Education Health and Care needs assessment may be considered. Early years settings, schools and colleges will be required to provide the evidence of actions already taken and reviewed over time (at least six months). (9.1-9.7, SEND Code of Practice) Please see our SEN Support page for more information.
An EHC needs assessment may result in an Education Health and Care (EHC) plan (or EHCP). When it does not, the information gathered can be used to inform SEN support provided by the early years setting/school/college.
This video looks at what an Education, Health and Care Plan (EHCP) is and the process of getting one for your child. There are some clear diagrams to help you try to understand the process.
Who can request an Education, Health and Care needs assessment?
- Educational setting (early years, school, college with the knowledge of the parents or young person).
- The child’s parent or legal guardian.
- The young person over the age of 16 but under the age of 25.
- Anyone else who knows the child or young person for example foster parent, health or social care professional.
Request a needs assessment
You can submit a request in writing to the Statutory Special Educational Needs Team:
Statutory Special Educational Needs Service
Bath and North East Somerset Council
Lewis House
Manvers Street
Bath BA1 1JG
Or, if you wish to submit your request via email, please use the following email addresses, according to age:
primary_pod@bathnes.gov.uk (from birth to primary school age)
secondary_post16pod@bathnes.gov.uk (for secondary/post-16 up to age 25)
Once the request is received the family, child/young person will be allocated a contact within the SEN Team – A SEND Practitioner.
Step-by-step guide to the needs assessment process
Once the education setting or person has requested a needs assessment, the assessment process will take a maximum of 20 weeks. Select a topic below to find out more about each step of the process.
Parents/carers and young people must be notified within 6 weeks of a request being submitted as to whether an EHC Needs Assessment will be carried out.
If it has been agreed that an EHC Needs Assessment will not be carried out, there will be the opportunity for parents/carers and young people to meet with a Senior Inclusion Officer to explain the decision. You can make an appeal about this decision.
If it has been agreed to carry out the EHC Needs Assessment, a SEND Practitioner will arrange a face to face meeting with the parents/carers and young people to explain the process in more depth.
Parents/carers and young people must be notified within 16 weeks whether or not a Draft EHC plan will be issued.
If it has been agreed that an EHC plan has not been issued there will be the opportunity for parents/carers and young people to meet with a Senior Inclusion Officer to explain the decision. A SEND Support plan (non-statutory) will be issued instead of an EHC plan. You can appeal this decision.
If an EHC Plan is agreed, a Draft EHC plan will be issued and there is a 15 day period in which parents/carers and young people can respond to the Draft plan. At this stage, a personal budget can be discussed.
Educational Setting(s) will need to be consulted with regarding the placement. This could be a mainstream education setting or a specialist provision. Once this has been agreed, a final EHC plan with a named educational setting(s) will be issued.
EHCP's are reviewed annually. Find out more about annual reviews.
When a local authority (LA) decides to end an EHC Plan, this is called ‘ceasing to maintain’.
Before the LA decides to cease to maintain a plan, it must first:
- consult with the child’s parent or young person as well as the head teacher or principal of the school or college being attended
- issue a ‘cease to maintain notice’ – this means a formal notice in writing to the parent or young person telling them that the LA wants to cease to maintain the EHC plan and the reasons for this.
A local authority can only cease to maintain an EHC plan if one of two grounds applies:
- The LA is no longer responsible for the child or young person
- It is no longer necessary to maintain the EHC plan
In the case of a young person, the local authority will no longer be responsible if:
- a child or young person has moved to a different local authority
- the young person has taken up paid employment. This does not include apprenticeships
- the young person has started a higher educational course
- a young person aged 18 or over has left education and no longer wishes to engage in further learning
- the young person has turned 25
Find out more about 'ceasing to maintain an EHCP', including the appeals process.
The below video uses a real life case study to look at the process of requesting and getting an Education, Health and Care plan.
Contact information
To contact the SEN Team, please email your SEND Practitioner direct, or use the email address provided above, according to the age of the child/young person.