Timeline for EHC needs assessment process
An “EHC needs assessment” is defined in section 36 (2) of the Children and Families Act as an assessment of the educational, health and social care needs of a child or young person.
The Local Authority (LA) has the obligation to carry out this assessment.
An EHC needs assessment is a required step towards obtaining an EHC plan.
An EHC plan cannot be issued unless the child or young person has been through the statutory assessment process laid out in the Act.
- Paragraph 9:39 of the SEND Code specifies that “the process of EHC assessment and EHC plan development must be carried out in a timely manner”.
- Paragraph 9:40 states that the whole process “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 EHC plan is issued, must take no more than 20 weeks (subject to a few exceptions).
The sections below set out the different expectations within the specified timeline for the EHC process.
For a new referral
Week 1 to 6 - make a decision
- Request is made and LA acknowledges and decides whether to assess or not.
- Child's parent or young person must be consulted with this decision.
Week 7 to 16 - assessment & evidence gathering
The LA:
- conducts the EHC needs assessment
- issues a draft plan and sends to the child's parent or young person or informs of decision not to issue a plan and advises right to appeal.
Week 17 to 19 - consult and finalise
- Child's parent or young person has 15 calendar days to comment/express a school/college preference and seek agreement to personal budget.
- LA has 15 calendar days to consult with named school or college.
Week 20
- Finalised plan issued and sent and LA becomes responsible.
For a transfer process
2 weeks notice
- LA notifies child's parent or young person of transfer review.
Weeks 1 to 10 - review, assessment and evidence gathering
(Where existing assessment information is sufficient for an EHC plan and remains accurate then no new advice would be required)
The LA:
- starts transfer review
- to hold meetings with child's parent or young person
- issues a draft plan and sends to the child's parent or young person or informs of decision to seize statement and advises right to appeal.
Weeks 11 to 13 - final stage of transfer process
- Child's parent or young person has 15 calendar days to comment/express a school/college preference (where applicable) and seek agreement to personal budget.
- LA has 15 calendar days to consult with named school or college (where applicable).
Week 14
- Finalised plan issued and sent and LA becomes responsible.
