Deciding whether to issue an EHC plan


The SEND Code of Practice 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)

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


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


If they decide not to issue a draft 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/or appeal.


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


Go to next step in the EHC process