Parents and Carers
- SEN Support in Mainstream Schools
- SEN Support in School Meetings
- Choosing a School or College
- Education Health and Care (EHC) Needs Assessments, Plans and Reviews
- Appeals and Mediation
- Attendance and Exclusions
- Transitioning Between Schools or Settings
- Early Years
- SEND Funding
- Transport to School and College
- Preparing For Adulthood (PfA)
- Making a Complaint
- Health Needs and Education
- Elective Home Education (EHE)
- School Admissions
- Disability Discrimination
- Children's Disability Register
Education Health and Care (EHC) Needs Assessments, Plans and Reviews
Education, Health and Care Plan (EHC plans) are for children and young people who have a special educational need or disability that cannot be met by the support that is usually available at their early years setting, school or college.
Most children and young people with special educational needs will have help given to them without the need for an EHC Plan. This is called SEN support.
The purpose of SEN support is to help children achieve the outcomes or learning objectives that have been set for them.
Some children and young people may not make the progress expected of them even with this help. When this happens the Local Authority should consider whether an EHC needs assessment is required. A few children and young people have such significant difficulties that an EHC needs assessment should not be delayed.
EHC plans replaced Statements of Special Educational Need and Section 139 Learning Difficulty Assessments (LDA) on 1 September 2014.
The SEND Code of Practice says:
In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution, having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.
An Education, Health and Care plan (EHC plan) describes your child’s special educational needs (SEN) and the help they will get to meet them. An EHC plan also includes any health and care provision that is needed. It is a legal document written by the local authority and is used for children and young people with high support needs.
EHC plans are for children and young people who need a high level of support. The plans can start from a child’s birth and continue into further education and training.
The SEND Code of Practice says:
The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.
What is an education health and social care plan and who is it for?
In 2014 the Children and Families Act became law and introduced a new system of support which is relevant to parents and carers of children in young people age 0 to 25 who have special educational needs or disabilities. This means that there is a requirement to produce education health and care plans or EHCPs using person-centred approaches. EHCPs replace statements of special educational needs and what were called learning difficulty assessments.
Two of the key messages featuring in the Children & Families Act are that preparation for adulthood starts in early years just as it does for all other children and all education providers are required to establish and maintain a culture of high expectations so all children and young people can achieve well. This means that goals set should be challenging not just for the children and young people but for the education service providers too. This requires plans to have a much wider scope than a statement which generally only addressed the needs of an educational nature.
The plan should wherever possible stretch across four themes:
- learning and future employment
- home and independence
- friends, relationships and community and
- health and well-being
Local authorities must issue a plan for a child or young person whose needs cannot be met from the expected budget in mainstream schools or settings and for those who attend special schools or specialist colleges.
An EHCP has 17 sections labelled A to K. Each section has a different purpose and it is a legally binding document meaning that certain things in it must happen.
The contents of the EHCP are intended to be creative and a shared challenge for all those involved in order to achieve the best possible results and outcomes for the child or young person.
In developing a plan local authorities have a duty to take into account section 19 principals and must have regard to:
- the views, wishes and feelings of the child young person or parent
- the importance of their full participation in decisions
- the importance of their being provided with the necessary information and support to participate
- and the need to support the child or young person to achieve the best possible educational and other outcomes, preparing them effectively for adulthood
How can you find out more or access local services and support?
You can find out more about the SEND reforms and the education health and care planning process by visiting the local offer page on your local authority website. Here you'll be able to find impartial information advice and support and learn about all the services that are available to you.
Parents who require additional support are referred to their local information advice and support service. Further information including a useful resource on writing good quality EHC plans can be found at councilfordisabledchildren.org.uk
An EHC needs assessment is a detailed look at the special educational needs (SEN) of a child or young person and the support that they may need in order to learn.
Local authorities are responsible for carrying out EHC needs assessments under the Children and Families Act 2014.
The needs assessment brings together information about:
- what your child can and cannot do
- the special help they need.
It includes information from:
- you
- your child
- the early years setting, school or post-16 educational provider
- other professionals who work with or support your child.
The assessment is to see if your child needs an Education, Health and Care plan (EHC plan), but the findings and recommendations can also be used to inform provisions needed at SEN Support level, where the Local Authority decide not to issue an EHC Plan.
The school or early years setting can often give your child help through SEN support. This means that the school makes additional, or different provision, from that provided to most other pupils to meet their needs. Sometimes other professionals will give advice or support to help your child learn.
Some children need more help than the school can provide. If your child does not make progress despite everything the school has tried, an EHC needs assessment might be the next step.
The SEND Code of Practice says:
In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.
The Local Authority will look at:
- your child’s attainments and rate of progress
- their special educational needs
- what has already been done through the Graduated Approach
- the difference that support has made
- your child’s communication and interaction needs, cognition and learning needs, social, emotional and mental health needs and sensory and physical needs.
Unlike many other local authorities, both Nottingham City Council and Nottinghamshire County Council will fund SEN Support, above the notional budget, through SEN funding pathways, that do not require an EHC Plan. You should discuss this option with the education provider.
The law states that if your child has, or may have, special needs and may need provision to be made via an EHC plan, the Local Authority must conduct an EHC needs assessment. This means that you do not have to prove that an EHC plan is necessary to obtain an assessment, you just need to show it may be necessary. If you think your child needs more help than the school can provide, you can ask for an assessment.
The SEND Code of Practice says:
A local authority must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
You can find out more about the criteria that local authorities should follow in the SEND Code of Practice sections 9.3 and 9.14 to 9.16.
- Parents and carers, or someone with legal responsibility
- A young person over the age of 16 but under the age of 25
- the early years setting or school, but only after talking with you first.
It is always a good idea to talk to the school or early years setting before asking for an EHC needs assessment.
Other people, such as your doctor or a health visitor, can tell the local authority that they think your child needs an assessment
There is lots of conflicting advice from different SEN Advocates around how much information you need to provide when requesting a needs assessment. This causes confusion for parents and carers.
The Children and Families Act 2014 states that if a local authority (LA) is requested to carry out an EHC needs assessment by a parent, young person, school or college, they must consider:
- whether the child or young person has, or may have, special educational needs (SEN); and
- whether they may need special educational provision to be made through an EHC plan.
If the answer to both of these questions is yes, they must carry out an EHC needs assessment.
In order to help the Local Authority to decide whether or not special educational provision may need to be made through an EHC Plan, we recommend providing them with as much information as you can. The stronger your application is, the more evidence the Local Authority will have, and the less likely it is that you may have to follow appeal processes.
Examples of information that you can provide on the Local Authority’s application include, but are not limited to:
Educational needs:
- Communication and Interaction Needs
- Cognition and Learning Needs
- Sensory and/or Physical Needs
- Social, Emotional and Mental Health Needs
- It is also helpful to include details of how these things are impacting your child at home and at school. Any information about professionals and teams working with your child or young person, including any recommendations.
- It is helpful to state the educational provisions that are working well, and those that are not working well. What is your child or young person getting that is ‘over and above’ what other children get?
- Have school invited any external professionals in to support your child?
- Does your child or young person have an Individual Education Plan? (sometimes called a Pupil Profile, Pupil Passport, One Page Profile). This may be helpful to refer to.
- It is helpful to think about daily life, from waking up to going to bed, and any difficulties your child may have that require support ‘over and above’ that of other children and young people of the same age.
- It is helpful to look at friendships and peer group information.
- It is helpful to write about the Graduated Approach that school may be completing as part of the SEN Support that they are offering (Assess, Plan, Do, Review).
- Any additional funding that the school have applied for (AFN/HLN).
Health needs:
- In this section think about any health services that are involved, their recommendations and what support or aids they offer
- Any diagnosis that has been made
- Any pathways to diagnosis
- Anything that hasn’t been diagnosed that you suspect, and the reasons why
- Health needs that need to be met by an educational establishment
- Any visual or hearing impairment
- Any physical health needs
- Any mental health support
- Any speech and language therapy
- Any occupational therapy needs
- Any physiotherapy needs
- Other services may include things like sleep practitioners, consultants, continence services, ASD/ADHD Nurses, Specialists, wheelchair services, orthotics and more
- Any absences from school, that are related to health needs.
Social care needs:
- You can reflect on your child or young person’s independence skills. Are they able to carry out self-care skills in line with other children their age? If not, what support needs to they have?
- Any Social Care involvement, including Family Services, Early Help.
- Any adaptations to the home to support needs.
- Does your child or young person engage with their community. Any clubs or groups?
- Does your child or young person receive short breaks?
As soon as the local authority gets a request for an EHC needs assessment they must tell you about it.
The SEND Code of Practice says:
In considering whether an EHC needs assessment is necessary, local authorities should pay particular attention to the views, wishes and feelings of the child and his or her parent, or the young person.
The local authority has up to six weeks to decide whether or not to carry out an EHC needs assessment. During this time they should ask you and the educational setting for information.
It will look at all of the information and must then tell you whether it has decided:
to start the EHC needs assessment immediately
OR
that an EHC needs assessment is not necessary.
The local authority must tell you why they think that an EHC needs assessment is not needed. It must also tell you about:
- your right of appeal to the Special Educational Needs and Disability Tribunal and the time limit for appealing
- independent disagreement resolution and mediation
- how to get further information, advice or support.
If you want to appeal the Local Authorities' decision, please refer to the Mediation and Tribunal section for more information.
The SEND Code of Practice says:
Local authorities must consult the child and the child’s parent, or the young person, throughout the process of assessment and production of an EHC plan. They should also involve the child as far as possible in this process. The needs of the individual child and young person should sit at the heart of the assessment and planning process.
The local authority will write to you to tell you what will happen and ask for your views. Your views and your child’s views are really important.
The local authority will ask a number of other people for information about your child. It should include information about:
- your child’s education, health and care needs
- the desired outcomes for your child
- the special educational, health and care provision that might be required to meet their needs and achieve the desired outcomes.
The local authority must ask for advice and information from:
- parents (or the young person)
- your child’s early years setting, school or post-16 education provider
- an educational psychologist
- health professionals who work with your child. This might include a paediatrician, speech and language therapist, physiotherapist or occupational therapist
- social care staff
- anyone else you ask them to contact who may be able to give relevant advice.
If your child has a vision or hearing impairment, the local authority must also seek information and advice from a suitably qualified teacher.
The local authority should also try to find out your child’s views. You, the school and other professionals may be able to help with this. If you think your child needs someone to help them give their views, you can ask an adviser from Ask Us Nottinghamshire for more information about this. You will receive a copy of all the reports when the assessment is finished.
If you want information, advice or support during the EHC needs assessment contact Ask Us Nottinghamshire.
Once the local authority has all the information and advice, it must decide whether your child needs an Education, Health and Care Plan (EHC Plan).
An EHC plan is a legal document written by the local authority. It describes the special educational needs that a child or young person has and the help that they will be given to meet them. It also includes the health and care provision that is needed.
Sometimes the local authority will decide that your child has special educational needs that can be met through SEN support. If this is the case the local authority must tell you of its decision within 16 weeks of receiving a request for an EHC needs assessment. The local authority must also tell you about your right of appeal.
If the local authority decides an EHC plan is necessary it must first write a draft plan. It will send you the draft EHC plan and copies of the reports so that you can read it all. You should check that everything you think is important has been included and that you agree with the outcomes and the proposed provision. The local authority will also ask you which school or college you prefer your child to go to.
You have 15 days to make comments, ask for amendments, name preferred schools, ask for a meeting, or accept the draft plan.
Note that if you do not reply within 15 days the local authority may assume that you agree with the draft plan.
The last stage is for the local authority to send you the final EHC plan. If you are still unhappy with the plan, or cannot agree with the local authority on a school, you have a right to go to mediation and/or to appeal (see below).
At the the start date - The local authority receives a request for an EHC needs assessment. The authority must tell parents about this request.
Within six weeks of the start date - The local authority decides whether an EHC needs assessment is needed. The authority must tell parents about its decision
Starting as soon as the decision is made - EHC needs assessment takes place
Either
Within 16 weeks of the start date - The local authority tells the parents of the decision not to issue an EHC plan
Or
The local authority sends a draft EHC plan to parents
Within 15 days of receiving the draft EHC plan - Parents must respond to the draft EHC plan.
They can:
- agree that the draft is adequate
- ask for changes
- ask for a meeting.
Parents have the right at this point to state a preference for a school or early years setting
Within 15 days of parents’ response to the draft EHC plan - The local authority consults with the school or early years setting
Within 20 weeks of the start date - The local authority issues the final EHC plan
Sometimes this timescale can be different. See SEND Code of Practice.
At any stage you can ask to talk to a member of the local authority’s team. In Nottingham City this is the Special Educational Needs Team (SEN Team) and within Nottinghamshire County, this is the Integrated Children’s Disability Service (ICDS). The Officer dealing with your case will usually be the person named in the letter the local authority sends to you when it receives a request for an EHC needs assessment.
If the local authority decides that an EHC needs assessment and an EHC plan are necessary for your child, they must carry out the assessment and issue a plan whatever your views are.
Please see the Mediation and Tribunal sections for advice around disagreements with the Final EHC Plan.
The SEND Code of Practice says that EHC plans should:
- be based on decisions made openly, and with parents, children and young people
- describe what the child or young person can do
- be clear, concise, understandable and accessible
- consider how best to achieve the outcomes for the child or young person. They must take into account the evidence from the EHC needs assessment
- specify clear outcomes
- consider alternative ways of providing support if a parent or young person wishes it. This could include having a Personal Budget
- show how education, health and care provision will be co-ordinated
- be forward looking – for example, anticipating, planning and commissioning for important transition points in a child or young person’s life
- describe how informal support, as well as formal support, from statutory agencies, can help in achieving agreed outcomes
- have a review date.
There is a full list of principles and requirements in the SEND Code of Practice.
Every EHC plan must include at least 12 sections, but each local authority can decide how to set these out.
The sections are:
A: The views, interests and aspirations of you and your child or the young person.
B: Your child’s or young person’s special educational needs.
C: Health needs related to their SEN or to a disability.
D: Social care needs related to their SEN or to a disability.
E: Planned outcomes for your child, or the young person.
F: Special educational provision. Provision must be specified for each and every need shown in section B.
G: Any health provision required that is related to their SEN or to a disability.
H1: Any social care provision that must be made for your child or young person under 18.
H2: Any other social care provision required that is related to their SEN or to a disability.
I: The name and type of school, maintained nursery school, post-16 institution, or other institution to be attended.
J: Details of how any personal budget will support particular outcomes and the provision it will be used for.
K: The advice and information gathered during the EHC needs assessment
Where the child or young person is in, or beyond year 9, the EHC plan must also include the provision required by your child or young person to help prepare for adulthood and independent living.
You can read the full list of what must be included in each section in the SEND Code of Practice.
The SEND Code of Practice says:
Local authorities must consult the child and the child’s parent or the young person throughout the process of assessment and production of an EHC plan.
and
Reviews must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget.
Your views, and your child’s views, are really important. The local authority, school or college should help you take part and involve you in decision making.
The local authority must review the EHC plan at least once every 12 months. This must be done in partnership with you and your child or the young person, and must take account of your views, wishes and feelings.
The education health and social care plan annual review.
An education health and care plan is supposed to be a living document not something that sits on the shelf gathering dust. It should reliably reflect a child or young person's needs and aspirations. That's why the law requires it to be carefully checked each year, this is called the annual review. It's a way of making sure the plan is still correct.
Parents and young people should see annual reviews as an opportunity to get things changed that are not working as expected, parts FG H1 or H2, to update their aspirations Part A and if necessary the outcomes Part E and for any new concerns or needs to be included in parts B C or D. The annual review is a legal process which means certain things need to happen before the annual review meeting takes place and others afterwards.
It takes 8 weeks to complete and must be completed by the anniversary of when the plan was first issued or the last review meeting. It can be broken down into five steps. Steps one and two take place during the four weeks before the meeting.
Step one is when requests for updated information will be made. This should include information from parents, children and young people the, professionals involved as well as school assessments, notes from meetings over the past year and observations. This is sometimes referred to as evidence.
Step two is when invitations are sent out. This must include the parent or young person. This preparation is to make sure all the right people and an up-to-date picture is available for the meeting.
Step three is the meeting itself. The Children and Families act expects the annual review meeting to look at things from a person-centred point of view. This means that parents, children and young people are fully involved and able to share their views, wishes and feelings. It must consider progress and plan for what needs to happen in the coming year. The meeting must focus on the following seven points and not just look at how things have gone in the past year in school. It must:
- focus on progress made towards achieving outcomes
- establish if the outcomes are still appropriate and, if necessary, agree new ones
- review the short-term targets and set new ones
- check that the special educational provision and the arrangements for delivering it is still appropriate and meaning progress can be made
- review any Health and Social Care provision
- check if the aspirations have changed and
- check if the parent or young person would like to request a personal budget
Step 4. After the meeting, the host or person leading the review must write a report. This should include details of the discussions of the meeting including any suggested changes and any disagreements. This must be sent to everyone who is invited to the meeting and to the local authority within two weeks of the meeting having taken place.
Step 5. When the local authority receives the report it will make a decision whether the EHC plan should remain unchanged, needs to be updated or is no longer required. They must inform the parent or young person of their decision no later than four weeks after the meeting. It's important that parents and young people understand what will happen if they agree to the decision and equally what they can do if they disagree. Parents and young people who require additional support are referred to their local information advice and support service.
Further guidance on the annual review process along with examples of good practice relating to education health and social care plans can be found by visiting the council for disabled children website at www.councilfordisabledchildren.org.uk
The local authority must decide whether to keep the plan as it is, make changes, or cease to maintain it within four weeks of the review meeting. You have a right of appeal if the local authority proposes to cease the EHC plan.
For some young people an EHC plan will continue until they are 25. However, the plan will stop if the young person:
- goes to university or onto higher education (Level 4 or above)
- gets a job
- moves into social care provision
- tells their local authority they no longer want their EHC plan, or
- no longer needs special help and the local authority decides that the EHC plan should cease.
If you plan to move to another local authority area you should contact the ‘old’ and the ’new’ local authorities so the support specified in the EHC plan will be in place. The ‘new’ authority will amend the plan and name the new school or college.
The ‘old’ local authority must transfer the EHC plan on the day of the move, provided it has had 15 working days’ notice.
You can read about Education, Health and Care plans in Chapter 9 of the SEND Code of Practice.
The Local Offer tells you about the local arrangements for special educational provision, including EHC plans.
Ask Us Nottinghamshire offers:
- information, advice and support to explain the process and to help you take part in EHC plan needs assessments
- advice and support about EHC plans
- information, advice and support to help you take part in the review of EHC plans
- support to help you find out more about the funding and provision for SEND made for your child
- information, advice and support about Personal Budgets if your child has an Education, Health and Care Plan
- information about other organisations, support groups and information services that may be of help
- information, advice and support about your rights to make a complaint, seek independent disagreement resolution, or mediation and appeal to the SEND Tribunal.
SEND Local Offer
The Nottingham City Council and Nottinghamshire County Council SEND Local Offers are a great resource for finding events, support and activities in your area.
City Council County Council