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Parents, schools or other professionals can request an EHC needs assessment from the local authority. This guide explains the full EHCP application process, the legal timescales and what happens at each stage.
Applying for an Education, Health and Care Plan begins with a request for an EHC needs assessment. This can be made by the child’s parents or carers, the school or early years provider, a young person aged 16 or over, or another person acting on behalf of the child. The local authority must consider the request and decide within 6 weeks whether to carry out an assessment. If they agree to assess, the full process including issuing the final EHCP must be completed within 20 weeks. Understanding the process and the legal timescales helps families navigate what can be a complex and sometimes protracted journey.
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A request for an EHC needs assessment can be made by the child’s parent or carer, the school or early years provider, a young person aged 16 or over (who can make the request on their own behalf) or any other professional or person who thinks a statutory assessment may be needed. The local authority cannot refuse to consider a request. They can, however, refuse to carry out an assessment if they do not think it is necessary, in which case families have a right of appeal.
When deciding whether to carry out an EHC needs assessment, the local authority considers whether the child has or may have SEN; whether the child may need special educational provision to be made through an EHCP; and what support has already been put in place and what the outcomes have been. Evidence from the school, including records of the graduated approach that has been followed and the provision that has been put in place, is important in supporting a request for assessment.
If the local authority agrees to carry out an EHC needs assessment, they must gather advice from the child’s school, an educational psychologist, a health professional, a social care professional where relevant and any other professionals involved with the child. They must also seek the views of the child and their parents or carers. Each professional has 6 weeks to provide their advice. The full assessment must be completed and an EHCP issued within 20 weeks of the original request.
An EHCP has several sections: background information and the child’s views; the child’s special educational needs; the child’s health needs; the child’s social care needs; the outcomes sought for the child; the special educational provision to be made (the legally binding section); the health provision; the social care provision; the type and name of the school to be attended; and where relevant, a personal budget. The special educational provision in Section F must be specific, detailed and quantified to be enforceable.
Families have a right to appeal to the SEND tribunal against several types of local authority decisions: refusal to carry out an assessment; refusal to issue an EHCP following assessment; the contents of the EHCP including the description of needs and the provision specified; and the name or type of school in the EHCP. Appeals to the SEND tribunal are relatively common in London, where competition for places in popular specialist provisions is high and local authorities sometimes refuse provision that families believe is necessary.
The EHCP process can be complex and daunting for families. Several sources of support are available. SENDIASS (the Special Educational Needs and Disability Information, Advice and Support Service) is available in every local authority and provides free, impartial advice to families about SEN and the EHCP process. Independent SEN advocates can support families through the process. SEN solicitors can advise families considering a SEND tribunal appeal. Some schools have experienced SENCOs who can guide families through the process effectively.
For related information see our articles on Statements of SEN and EHCPs and SEN Statutory Assessment Explained.
To apply for an EHCP, write to your local authority (usually the SEN team at your London borough) requesting an EHC needs assessment for your child. Include as much information as possible about your child’s needs and the support that has already been put in place. The local authority must respond within 6 weeks, telling you whether they will carry out an assessment.
If the local authority agrees to carry out an EHC needs assessment, the full process from request to EHCP issuance must be completed within 20 weeks. In practice, many London local authorities take longer than 20 weeks due to demand and capacity pressures, which is a breach of the statutory timescale. Families can complain to the local government ombudsman about delays.
If the local authority refuses to carry out an EHC needs assessment or refuses to issue an EHCP following assessment, families have a right of appeal to the SEND tribunal. Appeals must be lodged within 2 months of the decision. SENDIASS and specialist SEN solicitors can advise and support families considering a tribunal appeal. The SEND tribunal in London hears a significant number of appeals each year.
Visit our SEN London Resource Hub for more guides on EHCP rights, SEN legislation, staffing costs, agency use, Ofsted expectations and borough-by-borough funding variations across the capital.
The information in this article is provided for general guidance only and does not constitute legal or professional advice. Legislation, funding and local authority policies change: always verify current requirements with the relevant authority. SENDhelp Education Limited accepts no responsibility or liability for any loss or damage arising from reliance on this content. Any links to third-party websites are provided for convenience only and do not constitute endorsement of their content.
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