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Make an Application for a “Formal /Statutory EHCP Assessment” in your own name - directly to the Local  Authority SEN department.    A template letter and details of what to provide with your application is available by clicking the red dot -   

Refusal to make a formal / Statutory ‘EHCP Assessment’ is increasingly common.  We advise that you Appeal to the SEND Tribunal. The vast majority of these appeals are won by parents! You should only have to prove that your child MAY have SEN.

Statutory - EHCP assessment:  should include all relevant assessments i.e. Educational Psychology, Speech and Language Therapy, Occupational Therapy and any other relevant professional reports which may relate to the difficulties.   


If you have written confirmation that an EHCP will be issued, a proposed plan must be sent to you within 2 weeks of the notice. You will then have 15 days to respond.

See our EHCP check list;

click on the red dot -


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Template

Provide as much documented information as possible of Special Educational Needs.

If agreed, ensure that  a ‘statutory EHCP assessment’ is confirmed in writing.

You will need to show that further assessment is required to establish the special educational needs of your child; it is useful to have referrals from professionals.  

Following the 10 week EHCP assessment you must receive a written notice to inform if an EHCP will be issued or refused. If another form of support plan is offered or If EHCP is refused we advise that you Appeal.

We provide an EHCP checking service.  If you disagree with the content of the EHCP - or the placement named by the Local Authority you have the right of appeal.  We can assist in preparing and presenting your case.    

 We have concerns that provision is being removed during this process. See our guide below. Transfer must not exceed 18 weeks from notice to final EHCP. (14 weeks for post 16 - LDA) Please also click on the red dot for current statutory guidance -  

Re-Assessment / Annual Review of a statement or EHCP -  You may apply for a   re-assessment if you feel that current reports are out-dated. Follow the same process as for initial EHCP application. At the Annual Review You must be provided with all relevant information and reports 2 weeks before the meeting.  

You must be given a written response to the review within 4 weeks of the meeting.  If the Local Authority intend to amend the EHCP the proposed document must be sent to you within 8 weeks of the meeting. Once this is finalised you have the right of appeal - if you do not agree with the content.   

Transfer to EHCP - if you have a current Statement of special Educational Needs -   You may apply for transfer - though most are instigated by the Local Authority, and will often be combined with annual review. You must be provided with all relevant information and reports 2 weeks before the transfer meeting.   

Our Guide to SEN support via - EHCP (Education Health Care Plan )

  Maximum response to application for EHCP Assessment -                   

 

6 WEEKS

  Maximum response to application for EHCP Assessment -                   

 

6 WEEKS

  Maximum time from application to written response                      

 

16 WEEKS

  Maximum time to Issue ‘Final’ EHCP from application or notice to assess                  

 

20 WEEKS

  FIRST THINGS FIRST! -  This advice applies to ALL stages of the process:-

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Professional Written evidence is vital.  Gather ALL records and Data from the School and the Local authority- we can help with this. Confirm ALL relevant conversations in writing by returning details by E-mail ,  take detailed minutes of  all meetings.


‘SEN Support’ – Children and young people age 0 - 25: WITHOUT an EHCP

Since the Reforms of September 2014 ‘School Action’ and ‘School Action Plus’ have been replaced with the

wider grouping of  ‘SEN support’. This should be directly funded by the school or College for up to £6000 additional

SEN allowance per pupil. This change has enormous implications regarding the attitude of schools in supporting

our children and may discourage them from making the leap to EHCP’s; which are only funded by the Local Authority

over the £6000 base as it then puts the onus on them to ensure this base funding.  We may be able to help with

advice or support at meetings if you do not have an EHCP;

however -There is far greater legal protection and likelihood of appropriate SEN support with an EHCP.


To Appeal to the SEND Tribunal you will need a certificate to show that you have been offered ‘Independent Formal Mediation’. The contact details must be provided by the Local Authority and the mediation service has 3 days to provide a certificate once requested. A meeting may help - we can attend or advise.


Independent assessment reports are usually accepted in Tribunal Appeal - and should be accepted by Local Authorities; however please ensure that any professional you assign is suitably qualified and has good Tribunal Experience. We can provide suitable suggestions.

At each stage you have 2 months  -  (or 1 month from a mediation certificate, this can extend the time) to register an appeal. The SEND Tribunal takes approximately 2 weeks to respond. The hearing will usually be set 12 weeks from the date of registration. Following hearing your decision will take approximately 2 weeks to arrive.

Our Step - By - Step Guide to the EHCP process

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SEN_reforms_transitional_statutory_guidance_0_991.pdf

We pride ourselves in offering emotional support to our clients as well as providing honest, current information to empower our families. The changes in Legislation (since September 2014) are presented as more ‘parent and child friendly’ & the provision -outcomes’ based; however there are concerns that the user-focused rhetoric may distract from the professional and legal nature of the documentation. In our experience the legal guidelines are not being followed correctly by many Local Authorities. Local Authority ‘Policy’ is not LAW!  We want to ensure that the Legal Rights of you and your child are served correctly. Our success rate in all cases is extremely high and in most SEND Tribunal appeals we gain agreement before they reach hearing.  


Since September 2014 the previous legislation has been replaced by the Children and Families Act -  click on the red dot -

Article 02 Legislation Terms & Conditions EHCP CHECKLIST Button