Introduction
When a request for an Education, Health and Care needs assessment is received, Somerset Council must consider the information carefully. We make our decision according to the legislation. This is known as Stage 1 of the education health and care plan process.
An Education, Health and Care needs assessment may be required for children and young people with Special educational needs and disabilities aged 0 to 25 if:
- They have serious or complex long-term needs
- They need more support than the education setting can give through the Graduated Response
- They need intensive longer-term help from more than one service (like health or social care)
- They are making little or no progress, even with lots of support and interventions
Before making a decision
We look at all the evidence. The Assessment and Reviewing Officer (ARO) may contact the educational setting or family for more relevant information. This includes information on:
- your child’s SEND needs
- the provision being made by the educational setting to support the SEND needs
- the impact of the provision on progress
- attainment over time
- attendance over time
If there isn’t enough evidence, the request for assessment might be turned down. If an Appendix A was not shared as part of the original request, the family will have a chance to submit it now.
Making the decision
Somerset Council will consider the information provided at the Locality Triage meeting and a decision to assess or not will be made per the legislation. This is moderated by a multi-disciplinary panel of professionals from NHS Somerset and education settings.
The local authority will have regard for the two-part legal test:
- Whether the child or young person has or may have special educational needs (SEN) and
- Whether they may need special educational provision to be made through an EHC plan
If we agree that the answer to both is yes, then we will agree to carrying out an Education, Health and Care needs assessment (EHCNA).
In some cases, an Education, Health and Care needs assessment is agreed but the assessment shows that the child or young person does not need the additional support (and funding) that an Education, Health and Care plan brings. It may be that the assessment shows that the child or young person can be supported by a school or setting without additional funding. An Education, Health and Care needs assessment does not guarantee that a plan will be issued.
Sharing the decision
The local authority must decide and tell the child’s parent carer, or the young person within 6 weeks of getting the request.
If the decision is not to carry out an assessment, the young person or parent carer will be told about the reasons why and will be given information on how to appeal this decision if they wish to do so. Find out more on disagreements pages.
