When is a Statutory Assessment for an EHCP 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. SEND Partnership Service (SPS) have a helpful guide to explain what an EHCP is.
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.
Further Information about requesting a statutory Education, Health and Care Needs Assessment can be found in the Guidelines for Educational Settings for Initiating an Education, Health and Care Needs Assessment document, which can be requested from the team.
Where are the requests sent?
Requests must be submitted in writing to the Statutory Special Educational Needs Team:
Statutory Special Educational Needs Service
Bath and North East Somerset Council
Bath BA1 1JG
Or by email: firstname.lastname@example.org
Once the request is received the family, child/young person will be allocated a contact within the SEN Team – A SEND Practitioner.
What is the process?
- The assessment process will take a maximum of 20 weeks.
- 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.
- 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.
- 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 to 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, and further details about annual reviews can be found on the SEND Partnership website.
The below video uses a real life case study to look at the process of requesting and getting an Education, Health and Care plan.
For information on the process the main contact within the SEN Team is the allocated SEND Practitioner or
Telephone: 01225 394306