A 20-week legal process
Local Authorities (LA) must, by law, complete the whole Education, Health and Care Plan (EHCP) process—from the first request to the final plan—within a 20-week timeframe.
(SEND Regulations 2014 and the Children and Families Act 2014)
Exceptions which may cause delay to the process:
· The child or young person has been away from the area (4 weeks or more)
· The child or young person, or their parent/carer, is experiencing exceptional personal circumstances.
· The educational setting has been closed for at least four weeks, which may result in delays in submitting the required information.
Week 0 – Request for an EHC Needs Assessment?
An EHC Needs Assessment can be requested by:
- A parent or carer
- A young person (over 16-25)
- An educational setting e.g. SENCo
Submitting the request starts the 20 week legal timeframe.
The Local Authority (LA) will have 6 weeks to decide whether they agree to the submitted needs assessment request.
By Week 6 – Decision to Assess
The Local Authority (LA) must inform the parent/carer or young person of their decision about whether an EHC needs assessment will be carried out.
This decision must be made within 6 weeks from the date the EHC needs assessment request was submitted.
If the Local Authority (LA) agrees to assess…
They will begin gathering professional information and advice.
If the Local Authority (LA) refuses…
- Parent/carers or the young person will have the right to appeal to the SEND Tribunal. This will be known as a refusal to assess appeal.
· This decision letter is usually sent via email, the parent/carer or young person will need a copy of the decision letter to proceed to tribunal and lodge an appeal.
· The parent/carer or young person will have 2 months from the date on that letter, to submit their appeal/contact mediation.
Weeks 6–15 – The Assessment Phase
If the LA agrees to assess, they will then seek advice from relevant professionals.
This may include:
- Professionals already involved with the child or young person
- New advice, for example from an educational psychologist
By week 16 – Decision on Issuing an Education Health Care Plan (EHCP)
Once all assessments and information have been reviewed, the Local Authority (LA) decides whether they will issue an Education Health Care Plan (EHCP).
The parent/carer or young person must be told this decision by week 16.
If the Local Authority (LA) refuses to issue a plan…
- The parent/carer or young person will have the right to appeal to the SEND Tribunal – This will be known as a refusal to issue appeal.
- This decision letter is usually sent via email, the parent/carer or young person will need a copy of the decision letter to proceed to tribunal and lodge an appeal.
· The parent/carer or young person will have 2 months from the date on that letter, to submit their appeal/contact mediation.
Weeks 12–16 – Draft Education Health Care Plan (Draft EHCP)
If the Local Authority (LA) agrees to issue a plan, parent/carers or the young person will receive a draft Education Health Care Plan.
The parent/carer or young person will then have 15 days to respond to the draft plan.
There will usually be a response form attached to the email of the draft plan. The parent/carer or young person will need to complete this form with any comments or requested changes.
During this stage:
- Parent/carers or the young person can comment on the draft
- Request changes be made to the EHCP
- The plan should be specific, quantified, and not open to interpretation
- Parent/carers will be asked which educational setting they want named in the plan
Note: Requesting a setting does not guarantee it will be named.
Week 20 – Final Education Health Care Plan (EHCP) Issued
The Local Authority (LA) will issue the final EHCP, after working with the parent/carer or young person on the draft.
With the final plan, the parent/carer or young person will receive a letter explaining their right to appeal if they disagree with any of the contents. The parent/carer or young person will have 2 months from the date on that letter to submit their appeal/contact mediation.
This letter will usually be attached to the email sent to the parent or young person alongside the final plan.
You can appeal:
- Section B – Needs
- Section F – Provision
- Section I – Educational placement
An appeal cannot be made without the final plan decision letter.
Once the plan is finalised, the plan should be put into practice without delay.
The plan will then need to be reviewed annually.