Key questions
What information is collected for the assessment?
Getting the EHC assessment right is critical at this stage as it could contribute to building a good EHC Plan.
The Council must seek information and advice on:
- the child’s needs
- the provision required to meet those needs
- the outcomes expected to be achieved by the child
It is really important to provide the most up-to-date evidence that properly describes the needs of your child.
Who provides information as part of the assessment?
The Council will ask people based on the list set out in Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014:
- A – the child’s parent or the young person themselves
- B – educational advice (usually from the head teacher or principal)
- C – medical advice and information from a health care professional
- D – psychological advice and information from an educational psychologist
- E – advice and information in relation to social care
- F – advice and information from any other person the local authority thinks appropriate
- G – where the child or young person is in or beyond year 9, advice and information in relation to provision to assist them in preparation for adulthood and independent living
- H – advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from
The Council are required to seek all of this information (A-H) as a minimum.
You will also be asked by your EHC Coordinator about other people who could provide information.
Do professionals have to respond?
Once a professional has been approached by the Council they must provide information within 6 weeks.
We recommend that you prepare your professionals in advance. It is useful to speak to them and let them know that you’ll be asking them to provide information as part of the EHC assessment process. This means that they will be aware of this (and hopefully prepared) when the Council make their approach.
What happens if your professional can't provide information on time?
If your professional is struggling to provide information within 6 weeks it’s useful to remind them that at this point the Council are only asking for advice and information about your child’s needs.
They don’t need to undertake any new reports or appointments if they know your child already.
What should the information and advice contain?
Advice and information must be:
- clear, accessible and specific
address the child’s needs - describe the special educational provision required to meet those needs
- the outcomes which this provision will aim to achieve
Professionals should share the advice they are providing the Council with the child’s parent and/or the young person themselves. If the advice does not adequately address needs, provision and outcomes then you can challenge the professionals directly and ask them to change it.
Can I send existing reports or advice that I have?
If you’ve got existing advice or reports these can be submitted to the Council for consideration as part of the assessment process, as long as:
- they are relatively up to date (a 2 year old report for example is probably not useful)
- they reflect the child’s current needs accurately
- everyone (the person providing the advice, you and/or the young person, and the Council) is satisfied it’s enough
We recommend considering what reports that you have already that you can share.
If an EHC assessment results in an EHC Plan
If the Council decides to issue an EHC Plan, the first step is for them to send you a draft Plan.
You’ll be given time to review and comment on the draft Plan, which must be mutually agreed before the final EHC Plan is issued.
If the Council decides not to issue an EHC Plan
If the Council decides that an EHC Plan is not necessary, they will notify:
- the child’s parent and/or the young person
- the early years provider, school or post-16 institution currently attended
- the health service
The Council will give the reasons for that decision.
This notification must take place within 16 weeks of the initial request for an EHC needs assessment.
How long does the process take?
The whole process of EHC needs assessment and EHC Plan development, from the point when an assessment is requested (or a child or young person is brought to the local authority’s attention) until the final EHCP is issued, must take no more than 20 weeks (subject to exemptions).
Our timeline below provides further detail on the timescales of the process.
View the process timeline
Submission of request
0 weeks - Request made
Request for EHC needs assessment received by Hertfordshire County Council. The 20 weeks timeframe starts from this date.
The request can be sent by the child’s parents, the young person themselves or the child’s education setting.
Deciding whether to assess
1 to 6 weeks - Decide whether to assess
During the first 6 weeks the Council will:
- tell you the name of your EHC Coordinator
- establish how you can be best kept informed and supported
- ask if you need additional support or help
- contact the relevant organisations for information and advice about your child
- review all the information supplied
- decide if an EHC needs assessment is required
The decision will be based on the information outlined in the SEND code of practice 2015 (page 154 – section 9).
If the Council decide an EHC needs assessment is required, they will move on to the next Phase (assessment and evidence gathering).
If the Council decide an EHC needs assessment is not required, they will explain their decision and how you can appeal.
Assessment and evidence gathering
7 to 12 weeks - Assessment and gathering
The Council will ask for advice and information about:
- your child’s needs
- the support required to meet their needs
- the outcomes they should be working towards
They will get this from:
- you (the parent) or young person (if aged 16 to 25)
- the education setting
- health care professionals working or supporting the child
- an educational psychologist
- social care
- youth offending team (if a young person is detained)
- any person requested by you where the Council agree that it is reasonable to do so
- any other advice and information that the Council may consider appropriate
This advice and information must be provided within 6 weeks of the Council requesting it, or quicker wherever possible.
13 to 16 weeks - Consideration and decision-making
The Council will review all the information supplied and they will decide if an EHC Plan is required. This decision will be based on the information outlined in the SEND code of practice 2015 (page 154 – section 9).
If the Council decide to issue an EHC plan, they will notify you and the other parties who were notified of the decision to consider whether an EHC needs assessment is necessary. They will move on to the next Phase (consultation and consideration).
If the Council decide not to issue an EHC plan, they will notify you, the education setting they attend and the health service giving the reason for their decision. If you disagree with that decision, you have the right to appeal.
Consultation and consideration
17 to 20 weeks - Producing and reviewing the draft Plan
The Council will write the draft Plan and will send it to you (or the young person themselves).
The draft Plan will include information about:
- your child’s education, health and care needs
- the provision required to meet those needs
- the outcomes that should be achieved
It’s also a record of your child’s views and ambitions.
When issuing the draft, the Council will give notice that you have 15 days to:
- request that a particular school or other institution is named in the final Plan
- make comments or suggest amendments to the draft Plan or any reports attached to it
- request a meeting with the Council to discuss the draft Plan
When you receive your draft Plan this is your opportunity to check whether it contains everything it should.
Finalising and issuing the Plan
20 weeks - Plan finalised
Once the draft version of the Plan has been agreed, the Council will issue the final version. The final Plan must be issued within a maximum of 20 weeks from the request for an EHC needs assessment.
Once the final Plan has been produced, your child is legally entitled to the provision set out in it.
If you requested a particular school or college to be named then they should appear in the final plan. The institution named must then admit the child or young person and put the educational provision specified in the Plan into place.
If you don’t receive your final Plan within this time frame, you have the right to complain.
If you're not happy with the content of the Plan
Generally, parents who have been involved throughout the EHC needs assessment and the Plan development process will be happy with the final version.
If you’re not however, it’s always good to speak to your EHC Coordinator and explain your thoughts, and to speak to your child’s Senco to get their thoughts about it.
You have the right to appeal or use mediation as a way of resolving disagreements about any of the sections of the Plan.
Get in touch with us
If you can't find what you need, feel free to get in touch with us. Our opening hours are:
- Monday to Thursday from 9.30am to 3pm
- Friday from 9.30am to 2pm
We aim to respond to all enquiries within 3 working days.
Other sources of help and support:
Hertfordshire Local Offer
The Local Offer lets parents and young people know what special educational needs and disabilities services are available in Hertfordshire, and who can access them.
Visit the Local Offer →
Contact
A charity for families with disabled children offering information and advice.
Visit Contact →
HPCI
An independent parent carer organisation ensuring family voices are heard.
Visit the HPCI →
IPSEA
Independent information, advice and support, with free guides, resources and template letters.
Visit IPSEA →