Gathering Evidence for the Assessment

The Local Authority must now seek the following advice and gather information in order to decide whether an EHCP is required. This is the minimum that a local authority is required to gather.

• Advice and information from the child's parent/carer or the young person
• Educational advice, usually from the Head Teacher or Principal of the school that the child/young person attends. If they are not currently attending school it can be obtained from a person responsible for educational provision for the child/young person.
• Medical advice from a health care professional
• Psychological advice from an educational psychologist
• Advice and information relating to social care
• Advice and information from any other person the local authority thinks is appropriate
• Where the child is above year 9, advice and information in relation to provision to assist the child/young person in preparation for adulthood and independent living
• Advice and information from any person the child's parent or young person reasonably requests that the Local Authority seeks advice from.

Once all the above reports and advice have been gathered the Local Authority must now decide whether an EHCP is needed. If the decision is NOT to issue an EHCP the Local Authority MUST tell you within 16 weeks of the date that the needs assessment request was submitted. They must write to you informing you of the decision and advising you of your rights to appeal through the SEND tribunal. The letter should also include details of the independent mediation service that you would need to engage with prior to lodging an appeal. The deadline for appeal is 2 months from the date of the letter or 1 month from the date of the mediation certificate (whichever is later).

If the LA have agreed to issue a draft plan this should be sent to you at around week 14 (from the date you requested an EHCP needs assessment). This is to ensure that the deadline for issuing the Final EHCP is able to be met by week 20.