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What is an EHCP?

Most children and young people with Special Educational Needs and Disabilities (SEND) will have their needs met in local mainstream settings. These educational settings should try to meet the needs of these children and young people.


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What is an EHCP?

Most children and young people with Special Educational Needs and Disabilities (SEND) will have their needs met in local mainstream settings. These educational settings should try to meet the needs of these children and young people.


Some children and young people may not make expected progress, despite these efforts to identify, assess and meet the special educational need. In these cases, schools or parents should consider requesting an EHCP Needs Assessment.  This assessment involves a process of gathering information from the relevant people or agencies, including the views, interests and aspirations of the parents and child or young person.


The needs assessment will help to determine whether an additional provision is made through an EHCP. These plans replace statements of SEN and Learning Difficulty Assessments (LDAs) for children and young people with the most complex needs, from birth up to the age 25.


When deciding whether to issue an EHCP the local authority will take into account whether the needs of the child or young person can reasonably be met from resources normally available to settings.


An EHCP will include:


  • the views, interests and aspirations of the children and young people and their parents/carers
  • an outline of the child or young person’s special educational need
  • outcomes covering education, health and social care
  • the special educational provision needed to support the child or young person
  • the name and type of current education setting
  • personal budget information if applicable.


An EHCP Needs Assessment will not always lead to an EHC plan. However, it may help to decide how the education setting can meet the child or young person’s needs without a plan.​

Advice on where to start

  • I feel my child needs an EHCP, what should I do?

    The first stage is to gather your evidence as to why you feel that your child or young person has not made expected progress despite their school or educational setting having taken relevant and purposeful action to identify, assess and meet their special educational needs.


    Make a start with this helpful checklist.


    PATT Facts - Needs Assessment Checklist - pdf

  • How does the Local Authority decide whether a EHCP Needs Assessment happens?

    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.


    Read the summary Code of Practice here


    PATTFacts - Requesting an EHC Needs Assessment - pdf

  • How do I request an EHCP Needs Assessment?

    Contact your local authority's SEND department and ask to start the Statutory Assessment process. They must reply within six weeks of your initial enquiry (make a note of the date) 


    Start by downloading our useful template here


    Or read more information here.  

    Special Needs Jungle - REQUESTING AN EHCP NEEDS ASSESSMENT - pdf



  • My Local Authority has refused my request for a Needs Assessment - How do I appeal?

    Have you received a letter confirming the Local Authority's decision not to proceed with an EHC needs assessment? If so, then yes, you will have a right of appeal. There is a requirement for you to consider mediation before you can lodge an appeal with the tribunal. If, after consideration, you decide to not enter into mediation, you should contact Global Mediation (the contact details will be on the letter) to request a mediation certificate.


    Once you have received a mediation certificate you can lodge your tribunal appeal. You have 2 months from the date of the Local Authority decision letter, or one month from the date of the mediation certificate in which to lodge your appeal, whichever is the latest.


    This guide is for appeals against the Local Authority’s Refusal to undertake an EHC Needs Assessment 


    Refusal to Assess Tribunal Guide

  • How do I request Informal Mediation

    Before arranging a formal mediation meeting through Global, you could request informal mediation with PATT SENDIASS staff and Thurrock Council.


    Download our suggested email wording to request informal mediation here


    Request for informal mediation EMAIL Template - WORD

  • What you can do if you disagree with the outcome?

    If you are not satisfied with either a local authority's decision not to assess your child for an EHCP, OR not to provide an EHCP after a statutory assessment, you can appeal to the SEND Tribunal. 


    Read more here


    Special Needs Jungle - What you can do if you disagree - PDF

Suffolk SENDIASS

Appeal Form Guidance Videos

Our colleagues in Suffolk have created these very useful videos taking you step by step through the SEND 35 and SEND 35A appeal forms.


The first set of videos are related to SEND Tribunal Appeal Form 35A

These deal with the Local Authority's refusal to undertake a EHCP Needs Assessment

The second set of videos deal with disagreements with the Local Authority AFTER an Needs Assessment HAS BEEN UNDERTAKEN

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