Requesting an Education, Health, and Care Plan (EHCP) for a child with special educational needs can be daunting. It often feels like a battle against systemic inertia, especially when initial requests are declined. However, understanding the purpose and benefits of an EHCP is crucial in determining the best path forward for your child.
An EHCP is a legal document that outlines the specific support a child with additional needs is entitled to receive in educational settings. It ensures that schools or nurseries are legally required to provide tailored interventions and resources to meet the child’s needs. This includes access to funding beyond what is ordinarily available at the Special Educational Needs (SEN) support level.
Why Requests Are Often Declined
Local Authorities (LAs) frequently decline EHCP assessments, often citing that a child’s needs can be managed within the SEN framework. This decision might stem from observing progress in a child’s current setting or a preference to defer evaluation until the child transitions to mainstream school. However, this approach can risk children “falling through the cracks,” particularly when consistent support is not guaranteed.
What an EHCP Can Achieve
Unlike SEN support plans, an EHCP provides legally binding assurances. It outlines provisions that must be delivered and specifies the school’s and the LA’s responsibilities. While it’s not a “golden ticket” and may not solve all challenges, it offers a safeguard for sustained and structured support, ensuring your child’s needs are consistently met even if staff or funding changes.
The Importance of Advocacy and Appeal
Persistence is key if you believe your child would benefit from an EHCP. Many families report initial rejections are designed to deter appeals, but the legal framework supports your right to challenge these decisions. If necessary, mediation or a tribunal can emphasize the importance of your child’s specific needs. Enlisting support from organizations like SENDIASS or advocacy groups can strengthen your case.
Ultimately, the decision to request or appeal for an EHCP should rest on whether your child’s needs extend beyond the resources typically available in their educational setting. If you feel your child requires structured, guaranteed support to thrive, pursuing an EHCP is a valuable step to ensuring their academic and developmental journey is secure and supported.
When you’re navigating the journey of supporting a child or young person with special educational needs (SEN), understanding when and how to request an Education, Health, and Care (EHC) needs assessment from your local authority (LA) is crucial. Here’s a parent-friendly breakdown of what you need to know:
The Legal Basis
- Does the child or young person have, or may they have, SEN?
- Might they need special educational provision through an EHC plan?
Under the Children and Families Act 2014, LAs must consider two key questions for an EHC needs assessment:
A “yes” to both means the LA is legally required to proceed with the assessment.
What to Look For
The SEN and Disability Code of Practice offers detailed criteria. LAs should look for evidence that the child or young person isn’t making expected progress despite the educational provider’s efforts. This includes considering:
- Academic attainment or developmental milestones
- The nature and context of the SEN
- Actions taken by the educational setting
- The need for additional intervention
- Physical, emotional, social development, and health needs
Making the Request
Who can request an assessment?
- Parents for children under 16
- Young people themselves from 16 up to 25
- Schools or colleges
Before reaching out to the LA, discussing your concerns with the school or college is beneficial. If you decide to proceed, writing a clear, concise letter to your LA outlining why you believe an EHC needs assessment is necessary is your next step. Remember, the request can be made at any time and is specifically for those with or suspected to have SEN.
Are local authorities precise in their advice about requesting EHC needs assessments?
We randomly picked a local authority and elected to download their guide to parents on education health and care plan needs (EHCPs), which included details about the EHC needs assessment and how to apply.
The information provided on requesting an EHC Needs Assessment generally aligned with the legal framework and rights under the Children and Families Act 2014.
- Parents of children under 16 and young people aged 16 to 25 have the right to directly request an EHC directly needs assessment from their Local Authority (LA). This ability empowers families and individuals to respond to their concerns and observations.
- Evidence Requirement: The requirement for the child or young person’s education provider to supply evidence of the support provided thus far is crucial. This evidence demonstrates the application of the ‘graduated response’ (assess, plan, do, review) and is a standard part of considering whether an EHC needs assessment is necessary. Parents must understand that this evidence must show that the setting has made significant efforts to meet the child’s needs before an evaluation is considered.
- Multiagency Panel Review: The description of the multiagency panel’s role in reviewing the evidence and deciding on the necessity of an EHC needs assessment is accurate. This step ensures that decisions are made holistically, considering all aspects of the child’s or young person’s needs.
- Notification Timeline: The requirement for the LA to inform the applicant of the decision within six weeks of receiving the request for an EHC assessment is a critical right under the SEND regulations. It ensures a clear timeframe for families and young people awaiting a decision.
How to make a parental request for an EHC Needs Assessment
One parent provided a draft template they used, using AI- my advice would be to refer to perhaps the most famous template on this subject on the internet – from IPSEA Modal Letter – which presents the legal framework, sites specific sections on deadlines, etc and is addressed to the director of SEN.
I used the IPSEA template letter, works well and kick started the whole process. If we had to do this all again I think we should have 1) voice concern with school, 2) set out deadline to gather evidence 3) whole crunch talk on submitting an application 4) submit it ourselves.
We did point 1, we provided no deadline in point 2, so it just became a conversation without an outcome, we have numerous meetings around point 3, but again no outcomes. We completed point 4 and it worked.
Parents view on submitting directly with the LA request for EHC Needs Assessment
After the Request
Once you’ve made the request, the LA should respond within six weeks, letting you know their decision. If they agree to assess, they’ll gather information from various sources. If they don’t, you have the right to appeal.
A Few Extra Tips
- Keep a copy of all communications with the LA.
- Use available template letters to help structure your request.
- Mark the six-week response time on your calendar.
- Don’t hesitate to follow up or even lodge a complaint if you don’t hear back in time.
Navigating the EHC needs assessment process can feel overwhelming, but you’re not alone. A wealth of resources and support is available to guide you through, ensuring your child gets the support they deserve. Remember, advocating for your child’s needs is a sign of strength and
Challenges in Completing EHCP Paperwork: A View from Inside the System
The process of requesting an Education, Health, and Care Plan (EHCP) for children with conditions like Autism, ADHD, or other needs is fraught with complexities. It has led to a recurring frustration among parents, as schools often defer the responsibility of initiating this process back to them. While each case may vary, several overarching factors contribute to this dynamic.
Resource Constraints and Administrative Burdens
Schools face significant resource limitations, both in terms of funding and staffing. Many Special Educational Needs Coordinators (SENCOs) juggle multiple roles, often as full-time teachers, alongside their SEN responsibilities. The EHCP application process is lengthy and requires detailed evidence and documentation proving that existing support has been exhausted. For schools already stretched thin, this paperwork can represent an unmanageable load.
The Question of Thresholds and Expectations
A common misconception is that a diagnosis alone (e.g., Autism or ADHD) automatically qualifies a child for an EHCP. However, the process often requires schools to demonstrate that extensive support has been attempted and has failed to meet the child’s needs before an application can be considered. This creates tension between schools and parents, as parents may perceive resistance as indifference, while schools must navigate stringent criteria and manage realistic expectations.
Navigating Bureaucratic Inertia
Multi-agency involvement in EHCP assessments often slows the process. Schools may feel hampered by the necessity of external medical or specialist reports that parents are better positioned to initiate. Moreover, some schools may hesitate to proceed without clear evidence, fearing rejection by the Local Authority (LA), which often results in wasted time and effort.
Parental Advocacy as a Catalyst
In many cases, parents who directly initiate EHCP requests report faster progress. This proactive approach circumvents some of the administrative hurdles schools face and allows parents to leverage their firsthand knowledge of their child’s needs. While schools are integral to the process, they may be better positioned as collaborators rather than primary drivers of the application.
The Strain of Systemic Issues
The current SEN landscape reflects deeper systemic issues, such as underfunding and an overwhelming demand for support. Schools often face pressure to triage needs, prioritizing cases they believe have the most substantial chance of approval. This can leave children with more moderate needs at risk of being overlooked or delayed in receiving appropriate interventions.
Moving Forward
For parents navigating this challenging terrain, understanding the school’s perspective and taking proactive steps to engage directly with the EHCP process can be crucial. Collaboration with SENCOs and advocacy and external support from specialists may help bridge gaps and ensure children receive the support they need. However, systemic reform and increased resources remain vital to addressing the root causes of these persistent challenges.
