Your Local Authority has 20 weeks from the day you requested an Education Health and Care Needs Assessment (EHCNA).
Either you or your child’s school/college can request an Education Health and Care Plan (EHCP) for your child with SEND (Special Educational Needs and Disabilities). After you first request an EHCNA, the Local Authority have 6 weeks to decide whether or not to carry out an Education Health and Care Needs Assessment.
This assessment, if agreed, will allow the Local Authority to understand what your child’s needs are and see what kind of support your child needs so they can make a decision about whether or not to issue an EHCP. If they decide not to issue an EHCP they must tell you their decision 16 weeks after your request for an EHCNA.
If they agree to issue an EHCP, the Local Authority will then send you a draft EHCP and you will have 15 days to comment on it and to tell the Local Authority what school you’d like your child to attend. It’s important that if you’re not happy with your child’s EHCP that you make this clear so that the right support can be put in place.
Your Local Authority must issue a final Education Health and Care Plan (EHCP) no later than 20 weeks after your request for an EHCNA.
We can help you if you’re concerned that your child’s EHCP isn’t being handled correctly, or if the Local Authority isn’t sticking to the deadlines. Your Local Authority has a legal duty to make sure that the right EHCP is in place for your child.
For legal advice get in touch with one of our Education Law Solicitors.