The process for getting an Education, Health and Care Plan
The process for getting an Education, Health and Care Plan
The process for requesting an Education, Health and Care Plan (EHCP) is as follows:
- needs assessments
- request an assessment
- making an assessment
- process of developing the EHCP
- how we fund EHC Plans
Needs assessments
A statutory assessment will consider special educational needs together with health and social care needs. When a request is made, the child will have shown 'significant cause for concern' despite all relevant and purposeful action being taken during Special Educational Needs (SEN) Support.
Whoever makes the request should provide the local authority with a range of information including:
- evidence of how the child and family have been involved
- the child’s strengths
- special educational needs
- any health and care needs relating to their SEN focussing on the outcomes of the child - for example, what will they be able to do that they cannot do with interventions and strategies in place and an evaluation of the impact of these on improving outcomes for the child
- an outline of the resources or special arrangements that they have already made available
- the specialist advice that has been sought already
Request an assessment
Anyone can bring a child or young person to the local authorities’ attention, if they think the child has or may have SEN and an EHC needs assessment may be necessary.
This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.
A parental or young persons (over the age of 16) request can be made directly to the SEN Team in writing.
Making an Assessment
When you, the school or someone makes a request for assessment, a Request for Assessment (RSA) document will be completed.
When submitted to the Local Authority, they will consider all the information that is supplied and decide whether to complete the needs assessment or not.
The whole 20-week process is outlined in our 20-week process guide.
Process of developing the EHCP
If, following a statutory assessment, the Local Authority decides that a child requires support above what must be provided by the setting, an EHC Plan will be issued. This plan will be drafted with the family. It will not say at this stage where the child will go to school. The family has 15 days to give their views on the content in the EHCP. They can express a preference for a named school or setting.
If a child’s parent or a young person makes a request for a particular nursery, school or post-16 institution in these groups the local authority must comply with that preference and name the school or college in the EHC plan unless:
- it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or
- the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources
A final EHC Plan must be issued within 20 weeks of the first request being received, and it will name an education setting although there are some exceptions allowed.
Read the 20-week process guide for more information.
How we fund EHC Plans
Resource Allocation Panel (RAP)
The Resource Allocation Panel (RAP) is a group that makes decisions about funding and support for children and young people with Special Educational Needs and Disabilities (SEND) who have an Education, Health and Care Plan (EHCP).
The panel helps make sure that children and young people:
- get the education and support they need
- receive the provision set out in their EHCP
- are supported without unnecessary delays
- have access to the right type of education or specialist support when this is needed
RAP meets every week so that decisions can be made as quickly as possible.
Funding arrangements
Schools and academies receive funding to support pupils with special educational needs.
Schools are expected to use their own SEND funding to meet a pupil's needs up to the mandatory cost threshold. This is currently £6,000 per pupil each year.
If a child or young person needs support that costs more than this, additional funding may be considered.
Resolving funding disagreements
A child or young person should not be left without the support they need because of a funding issue.
If there is a question or disagreement about funding, this is dealt with between the school or setting and the Local Authority (LA).
The school or setting is expected to continue providing the support while the funding is being reviewed.
If the school or setting and the Local Authority cannot agree, the matter can be referred to the Assistant Director for Education and Skills.
How RAP decisions are made
RAP aims to make decisions:
- quickly, so children and young people do not face unnecessary delays
- fairly, taking account of the individual circumstances of each case
- based on evidence, including the information provided about the child's or young person's needs
- consistently, so similar cases are considered in a similar way
- responsibly, making sure public money is used effectively
Cases should be brought to the panel as soon as the necessary information is available.
Funding for Education Otherwise Than at School (EOTAS) or other bespoke education arrangements is reviewed at least once a year.
Types of decisions considered by RAP
RAP considers a range of requests, including:
- additional or exceptional funding - requests for additional funding where a child's or young person's needs cannot be met through the usual funding arrangements, including requests that fall outside the standard funding bands
- specialist independent schools - requests for placements at independent special schools, including non-maintained special schools and independent specialist colleges for young people aged 16 and over
- independent mainstream schools - requests for placements at independent mainstream schools
- therapy - the panel also checks and formally approves privately commissioned Occupational Therapy (OT) and Speech and Language Therapy (SALT)
Keeping decisions fair and confidential
RAP members must keep information about children, young people and families confidential.
Members must also declare if they have a conflict of interest. This includes situations where they, or someone close to them, could be affected by the decision.
If a member has a conflict of interest, by RAP are formally approved in line with the council's financial rules and delegated authority. This helps make sure that decisions are properly authorised and that public money is managed responsibly.