EHCP – Getting an EHCP timeline
The following table is designed to give you a timeline how your EHCP could be expected to progress. Track what steps you can expect week by week.
The following table is designed to give you a timeline how your EHCP could be expected to progress. Track what steps you can expect week by week.
This information has been compiled by VICTA Trustee Gurvinder Kaur, a Solicitor in the area of Special Educational Needs Law.
What happens? |
When |
|---|---|
| Written request for EHC Needs Assessment made to Local authority | Week 0 |
| EHC Needs Assessment begins. Local Authority must gather evidence about the person’s needs, required provision and outcomes expected from the provision being put in place. See attached information sheet on details of agencies that will contribute to this | Week 6 |
| Advice from requested agencies to be sent to Local Authority | 6 weeks from request being made by Local Authority |
| Draft EHCP issued to the parent or young person
The parent or young person then has at least 15 calendar days after receipt of the draft plan in which to:
|
(Note – the new law does not specify a particular date by which a draft EHCP has to be issued but in order to comply with the legally specified timescale of 18 weeks and to allow the required consultation periods, the draft Plan will have to be issued by this time) |
| Local Authority to consult with the school/college the parent or young person has requested. School/college should respond within 15 days
If the Local Authority decides not to issue an EHCP, having carried out the EHC Needs Assessment, it must notify the parent/young person in writing, giving the parent/young person the right of appeal to the Special Educational Needs and Disability (SEND) Tribunal against the decision to refuse to issue an EHCP |
Week 16 |
| Final EHCP issued | Week 20 |
What happens?
Written request for EHC Needs Assessment made to Local authority
When
Week 0
What happens?
EHC Needs Assessment begins. Local Authority must gather evidence about the person’s needs, required provision and outcomes expected from the provision being put in place. See attached information sheet on details of agencies that will contribute to this
When
Week 6
What happens?
Advice from requested agencies to be sent to Local Authority
When
6 weeks from request being made by Local Authority
What happens?
Draft EHCP issued to the parent or young person
The parent or young person then has at least 15 calendar days after receipt of the draft plan in which to:
- make representations to the Local Authority about the contents of the draft EHC Plan
- ask for a meeting with a Local Authority officer to discuss the draft EHC Plan
- tell the Local Authority the type of school/college (mainstream or special) and the actual school/college they would like named in the final EHC Plan.
When
(Note – the new law does not specify a particular date by which a draft EHCP has to be issued but in order to comply with the legally specified timescale of 18 weeks and to allow the required consultation periods, the draft Plan will have to be issued by this time)
What happens?
Local Authority to consult with the school/college the parent or young person has requested. School/college should respond within 15 days
If the Local Authority decides not to issue an EHCP, having carried out the EHC Needs Assessment, it must notify the parent/young person in writing, giving the parent/young person the right of appeal to the Special Educational Needs and Disability (SEND) Tribunal against the decision to refuse to issue an EHCP
When
Week 16
What happens?
Final EHCP issued
When
Week 20
