Education, Health and Care Plans (EHC Plans)

This factsheet is to be read in conjunction with our SEN Support in mainstream school and EHC needs assessment factsheets, as these explain:

• The graduated approach to SEN support, which is implemented prior to potentially needing to request an EHC needs assessment
• What an EHC needs assessment is and who may need one

Before requesting an EHC needs assessment

If you are unclear of the rate of progress your child is making in school and/or the level of SEN support they are in receipt of, we would suggest that you clarify this with the SENCO prior to making a request for an EHC needs assessment.

• The SEND Code of Practice (0-25) talks about children making less than expected progress given their age and individual circumstances. It describes this as:
  • Is significantly slower than that of their peers starting from the same baseline
  • Fails to match or better the child’s previous rate of progress
  • Fails to close the attainment gap between the child and their peers
  • Widens the attainment gap
• Ask for clarity on the additional support that your child is receiving which is different to that which his/her peers receive and any strategies that are currently being used to support their learning needs. You could discuss whether it would be appropriate to explore any further strategies or support which could support him/her to progress.

The EHC process is evidenced based, so when making a decision around whether to complete an assessment, the Local Authority will consider the legal test for assessment alongside the information and evidence presented as part of the request in order to make a decision.

The Legal Test:

The Local Authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the Authority is of the opinion that -

(a) the child or young person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC Plan. Section 36 (8) Children and Families Act 2014

Therefore, the Local Authority will need to consider a wide range of evidence to inform its decision. It should pay particular attention to:

• evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress
• information about the nature, extent and context of the child or young person’s SEN
• evidence of the action already being taken by the education provider to meet the child or young person’s SEN
•  evidence that where progress has been made, it has only been as the result of much additional intervention and support, over and above that which is usually provided
• evidence of the child or young person’s physical, emotional, and social development and health needs, drawing on relevant evidence from health professionals and what has been done to meet these by other agencies, and
•  where a young person is aged over 18, the Local Authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help the young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.

Before making a request for an assessment, we suggest that you take the time to:

• Discuss with your child’s school SENCO if now would be an appropriate time to request an Educational Needs Assessment with a view to receiving an EHC Plan. If the SENCO doesn’t feel it is an appropriate time to request an EHC assessment, please discuss their reasons fully.
• If you choose to make the request yourself at this point, please inform the SENCO so that he/she can expect communication from the Local Authority when you make your request.
• Gather reports and evidence which provide information on your child’s SEN and why they may need support over and above that which the school is able to put in place within their own resources/why they may need provision that the school is unable to provide. This may include:
  • School reports
  • SEN Support Plan/ Individual Education Plan/Grid for Learning/Pupil Profile
  • Assessment data which shows your child’s rate of progress
  • Reports from outside professionals (CAMHS/Educational Psychology Service/Specialist Inclusion Service etc.)
  • Letters of exclusion

Making the request

There is no set way legally to make a request but doing so in writing to the Local Authority via email/letter/on the EHC Hub is often what parents find easiest.

Complete the form on the EHC Hub - https://ehcp.rotherhamcouncil.org.uk/about

When completing the form remember:

In addition to adding your contact details in section 3, add the details of all professionals/services involved with your child recently so that the Local Authority knows who to get in touch with to request advice if they agree to complete the assessment.The "Add" button is at the end of section 3.

• In section 5 include your concerns and reasons why you feel your child needs an assessment. Detail the things they find difficult, what support school has implemented to try to meet their needs and the outcome of this. You may wish to consider the four main areas of SEN – cognition and learning, communication and interaction, social, emotional, and mental health, and sensory and/or physical when describing their difficulties.
• After submitting the form, the Local Authority will email you with an invite to join the Hub. On the Hub you will be able to track the progress of your request, upload documents/reports for the Local Authority to consider and add further information into the parental views section of the Hub.

Make a request in writing via post/email

You can find a template letter here that you can use as a guide/starting point when writing your request for assessment. This includes the email address/postal address of where to send it.

Enclose with your letter or attach to your email the documents/reports you have, to support your request.

What happens after you make the request?

The Local Authority has 6 weeks from the date of your request to decide whether it will complete an assessment for your child. There is further information in our EHC needs assessment factsheet on the process, and there is a useful section on the EHC Hub (bottom left) with key dates.

If the Local Authority doesn’t agree to complete an assessment:

• Consider the reasons fully and perhaps request a meeting with the SENCO to discuss the outcome and your concerns. If appropriate, further support from within the school’s own resources may be possible and/or you could explore what evidence may be useful to make another request for assessment in the future.
• You will also be informed of your right to mediation and/or appeal in your decision letter. You can find factsheets on these options under the ‘Parent/Carer Information’ section of the SENDIASS Website.

You can also get in touch with Rotherham SENDIASS who can give you:

• information about SEN support, including information about SEN funding
• information about other organisations, support groups and information services that could help
• information and advice about your rights to mediation and appeal