Deciding whether to issue an EHC plan

The local authority will consider all the information gathered as part of the assessment and decide whether an EHC plan is necessary.

They should consider this information alongside your child or young person’s special educational needs, and whether the support in place prior to assessment was well matched to their needs.

If your child or young person is not making expected progress despite targeted support, the local authority should consider what further provision may be needed and whether this can be reasonably provided from the resources available to settings.

The SEND Code of Practice 2015 says:

Where, despite appropriate assessment and provision, the child or young person is not progressing, or not progressing sufficiently well, the local authority should consider what further provision may be needed. The local authority should take into account:

• whether the special educational provision required to meet the child or young person’s needs can reasonably be provided from within the resources normally available to mainstream early years providers, schools and post-16 institutions, or

• whether it may be necessary for the local authority to make special educational provision in accordance with an EHC plan

9.55 SEND Code of Practice 2015

Decision not to issue an EHC plan

If they decide not to issue an EHC plan they must let you know (within 16 weeks of the initial request), explain the reasons for their decision and tell you about your right to mediation and appealing to the SEND Tribunal.

They should also let you know how they expect the needs of your child to be met within the setting and from services available in the Local Offer.

They should provide clear written feedback, including evidence and reports from practitioners collected during the EHC needs assessment process.

This information enables support to be planned to achieve the desired outcomes through special educational provision made by the setting and other services.

I don’t agree with the ‘refusal to issue a plan’ decision, what can I do?

You have the right to mediation and to appeal this decision. 

• You must consider mediation before lodging an appeal 
• You have 2 months from the date of the decision letter, or one month from the mediation certificate (whichever is the later), in which to lodge an appeal against a decision.
• Read our information about how to appeal to the SEND Tribunal.

Decision to issue an EHC plan

If they decide an EHC plan is necessary they will notify you and begin to prepare the draft plan.

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