EHC needs assessment and plan timeline

If you request a new education, health and care (EHC) plan, the whole process must take no more than 20 weeks. However there are certain exemptions (opens new window) which could prolong this. Parent carers should be informed of any exemptions. These are the only exemptions that could apply:

• The child or young person is absent from the area for a period of at least four weeks
• Exceptional personal circumstances affect the child or the young person, and his/her parent
• The educational institution is closed for at least four weeks. This may delay the submission of information

The Special Educational Needs and Disability Regulations 2014 set out the process for assessments.

Stages of the assessment process

Weeks 0-6

• Request for an EHC needs assessment is made by a place of learning, or a professional, parent carer or young person age 16+ with SEND
• We gather initial information and evidence that is already available
• Existing professional advice is requested and considered
• Progress to EHC needs assessment or notification not to proceed with an EHC needs assessment issued. Feedback is provided, with the right to appeal

Weeks 6-16

• We request and gather further advice and information for the EHC needs assessment. See the SEND Code of Practice: 0-25 years, Chapter 9.49 (opens new window) for the full list of who must be consulted
• Consideration of all the information gathered. This is both prior to and during the EHC needs assessment

By week 14

• Decision to make an EHC plan or notification not to proceed issued. Feedback is provided, with the right to appeal
• If it is agreed to make an EHC plan, a draft EHC plan is prepared in accordance with Section 38 of the Children and Families Act 2014 (opens new window). We will discuss personal budgets with the parent carer or the young person. They may then decide to make a request for a personal budget, including a request for direct payments - see Section 49 of the Children and Families Act 2014 (opens new window).

By week 16

• Consultation on the draft EHC plan. A chance to consider views on the draft plan and request a specific school or other place of learning to be named in the plan
• When a draft EHC plan is issued you have at least 15 calendar days to:
  • Consider and provide views on the draft EHC plan. Find out what makes a good-quality EHC plan.
  • Ask for a specific school or other place of learning to be named in the final EHC plan
  • Arrange a meeting with us to discuss the draft EHC plan

In most cases a child or young person will remain in their current place of learning. Issuing an EHC plan does not mean that a child or young person's place of learning will necessarily change.

An EHC plan simply outlines that the provision required by the child or young person is more than, and different to, the provision that is usually available.

We (the local authority) would expect mainstream places of learning to meet needs with the additional resources and support that the EHC plan identifies, and the use of reasonable adjustments.

We will liaise regularly throughout the assessment process, with the current place of learning on any provision identified in assessment(s) that your child now requires to be in place.

EHC plan process during summer holidays

Schools must provide assessment information when open to help with decisions about EHC plans.

During summer holidays:

• If an assessment is still in progress (stage two), schools don't have to provide information. We can extend the usual 20-week deadline to wait for schools to reopen.
• If all advice has been gathered and a decision has been made to issue a plan (stage three), we must issue a draft and final EHC plans within the 20 weeks timeframe

Ideally consultations would also take place on content of the plan and placements. But, schools don't have to respond to EHC plan or placement consultations during the summer holidays. In these cases, after the summer holidays:

• Schools have 15 days from 1 September to respond to consultations on plan content and/or placement 
• If a child is already at a school being consulted, they stay there unless a new placement is decided
• New students must attend their assigned school via local authority mainstream admissions, and their EHC plan will be updated after consultations

Your EHC plan Coordinator can provide more information and clarify deadlines, if needed.

Week 20

• We issue the final EHC plan to the parent carer or the young person
• We issue the right to appeal matters within the EHC plan, in accordance with Section 51(2)(c) of the Children and Families Act 2014 (opens new window) and the time limits for doing so