Education, Health and Care plans and statutory processes

An Education, Health and Care needs assessment may be appropriate when:

• Needs are significant or complex
• Progress remains limited over time despite:
  • Strong Ordinarily Available Inclusive Practice (OAIP)
  • Well-implemented Assess, Plan, Do, Review (APDR) cycles
• Multiple areas of need interact and affect outcomes
• The child or young person needs coordinated support from more than one service

Settings should be able to demonstrate:

• Consistent use of the graduated response through the Assess, Plan, Do, Review cycle
• Evidence of:
  • Assess: understanding of strengths and needs – see Identification and assessment tools
  • Plan: clear outcomes and appropriate support strategies
  • Do: delivery of agreed support
  • Review: evaluation of impact over time
• Use of Ordinarily Available Inclusive Practice – see Ordinarily Available Inclusive Practice Strategy Banks
• Involvement of:
  • The child or young person
  • Parents and carers
• Engagement with relevant external professionals, where appropriate

There is no single threshold or checklist for requesting an Education, Health and Care Needs Assessment (EHCNA).

The key consideration is whether the child or young person needs provision that is additional to, and different from, the support normally available through Ordinarily Available Inclusive Practice (OAIP).

Indicators that an assessment may be appropriate include:

• Persistent and significant barriers in one or more areas of need
• Limited or no progress despite sustained and appropriate support
• High levels of adult support needed to access learning, participate or engage
• Complex needs that require coordinated support from multiple services
• Increasing risks to:
  • Learning
  • Wellbeing
  • Attendance
  • Inclusion

Important considerations

• A diagnosis is not required to request an Education, Health and Care Needs Assessment (EHCNA).
• Limited progress alone is not enough to justify a request. Settings must also show that they have provided appropriate support and reviewed its impact.
• Decisions should focus on:
  • The impact of needs on access, participation and outcomes
  • The support that has already been provided
  • The evidence gathered through the graduated response

High-quality evidence is essential when requesting an Education, Health and Care Needs Assessment (EHCNA).

Evidence should show a clear picture of the child or young person’s needs, the support provided and the impact of that support over time.

1. A clear understanding of need

Evidence should describe:

• Strengths, needs and barriers to learning (see Quick checkers and Assessment and identification tools)
• How needs affect:
  • Learning
  • Communication
  • Wellbeing
  • Participation

2. The graduated response in action

• Use of the Assess, Plan, Do, Review (APDR) cycle over time
• Clear plans, strategies and review records
• Adjustments made through Ordinarily Available Inclusive Practice (OAIP)

3. Impact of support

Evidence should explain:

• What support has been provided
• Which approaches have been effective
• Which approaches have been less effective
• Progress over time, including wider outcomes, not just attainment data

4. Child, young person and family voice

Evidence should include:

• The views, experiences and aspirations of the child or young person
• The views of parents and carers
• The impact of needs on everyday life, learning and participation

5. Involvement of professionals

Evidence should include, where appropriate:

• Advice from relevant services and professionals
• Reports, assessments or recommendations that support understanding of need
• Information that informs planning and provision

What good evidence looks like

Good evidence is:

• Concise and focused
• Evaluative rather than descriptive
• Linked to identified needs, outcomes and provision

Section F describes the educational provision required to meet identified needs.

What good Section F provision looks like

Provision should be:

• Specific: clearly describe what support will be provided
• Quantified: include frequency, duration and level of support where appropriate
• Detailed: explain what will happen, who will deliver it and how often
• Linked: connect directly to identified needs and agreed outcomes

Examples

Not clear enough:

• “Access to support”
• “Regular small group work”

Clear: “Daily small group teaching for three to four learners, delivered for 20 minutes by a trained adult to develop expressive language skills.”

Key expectations

• Build on Ordinarily Available Inclusive Practice and targeted support
• Reflect evidence gathered through Assess, Plan, Do, Review cycles
• Supports progress towards outcomes and independence

Everyone involved in the Education, Health and Care process has an important role to play.

• Education settings: provide clear evidence, deliver agreed provision and contribute to reviews.
• Special Educational Needs Coordinator (SENCo) or Special Educational Needs and Disabilities (SEND) lead: coordinate the process and work with the local authority and other professionals.
• Local authority: decide whether to carry out an Education, Health and Care needs assessment (EHCNA) and whether to issue an Education, Health and Care (EHC) plan.
• Families and young people: contribute to decision-making, planning and review processes.
• Professionals: provide advice, assessments and recommendations to inform decisions and planning.

Education, Health and Care (EHC) plans must be reviewed at least once a year.

Annual reviews help ensure that the plan continues to reflect the child or young person’s needs and provides the right support.

Purpose of review

• Evaluate progress towards outcomes
• Review effectiveness of the provision
• Update needs and priorities
• Consider preparation for next stage or adulthood

Good practice during reviews

Good practice includes:

• Gathering and considering the views of
  • The child or young person
  • Parents and carers
  • Professionals
• Reviewing impact of provision set out in Section F
• Updating outcomes where needed
• Planning for next steps and future transitions

For all learners with an Education, Health and Care (EHC) plan, planning should support preparation for adulthood. This becomes particularly important from Year 9 onwards.

Planning should consider:

• Independence and daily living skills
• Employment, education, training or other meaningful activity
• Participation in community life and relationships

You can find out more in the Transitions and preparation for adulthood guide.