The local authority will speak to your child’s school or other setting for information to help decide the next steps.
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. To inform their decision the local authority will need to take into account a wide range of evidence, and should pay particular attention to:
• evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress
• information about the nature, extent and context of the child or young person’s SEN
• evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN
• evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided
• evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and
• where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.
First Stage Panel
The local authority must decide whether or not to proceed with an EHC needs assessment, and must inform the child’s parent or the young person of their decision within a maximum of six weeks from receiving a request for an EHC needs assessment (or having otherwise become responsible). The local authority must give its reasons for this decision where it decides not to proceed.
The local authority will let parent/carers know their decision by letter from the SEND team.
The local authority can refuse a request if they do not think your child needs an assessment.
They may decide that:
- there is not enough evidence of your child’s difficulties
- the nursery, school or college your child attends can provide all the help your child needs
The local authority will give you feedback if they decide not to proceed with an assessment. If a request is refused, a recommendation is often given to school on how to meet the child's needs within their setting such as applying to Resource and Support Panel for Specialist Teacher support or applying for high needs funding. It may also be that panel have felt that the current school setting is able to meet your child's needs within their own resources.
If you do not agree to this decision, you have the right of appeal to tribunal. Find out more about Mediation and Disagreement Resolution by clicking the links below: