Decisions and criteria for an education, health and care needs assessment
Information we check
When taking into consideration whether an education, health and care needs assessment (EHCNA) is necessary, we will look at the evidence provided in the request.
We will also consider whether the education setting has provided enough evidence that they have:
- been given clear information about how the SEN budget will be used to support your child's needs
- confirmed whether your child's needs are greater than the funding delegated to them
- despite the delegated funding and support given, your child has not made adequate progress
- reviewed your child's progress over time
- asked for advice from external professionals and responded by developing support maps.
If the young person is over 18, we must consider whether they need more time compared to others of their age. We must check whether they can complete education training to help them prepare for adulthood.
View more about the assessment process and timescales.
Who makes the decisions
Where the criteria are met and we intend to proceed with an assessment or issuing an EHC plan these decisions will generally be checked an approved by an Assessment Team Manager.
Where the criteria are not met the decision will be made within a panel. These panels are made up of a range of professionals to ensure that the criteria have been properly applied and that any special circumstances for the child have been taken into account.
Criteria to decide whether we assess your EHCNA request
The four criteria questions we use to decide whether to assess follow the criteria from paragraph 9.14 of the SEND Code of Practice 2015.
Criteria question 1
Is the child or young person's academic performance (or developmental milestones) below the expected range when looked at against peers born in the same school term as them?
Criteria question 2
Has the child or young person either:
- not made the expected progress, or
- only made the expected progress as a result of much additional intervention and support over and above that which can usually be provided outside of an education, health and care (EHC) plan?
Criteria question 3
Are we (the local authority) of the opinion that the child has or may have special educational needs which may require the support of an EHC plan?
Criteria question 4
Has the education setting taken relevant action to identify, assess and meet the child's special educational needs, including making full use of its set funds and additional spending above this level?
The decision
If the answer to all four questions is yes, we will assess your EHCNA.
If any of the above criteria are not met, we will ask whether there is evidence of other circumstances which means your child should be assessed.
We would usually only assess if there are special circumstances that justify this.
Criteria to decide whether we issue an EHC plan
The criteria questions we use to decide whether to issue an education, health and care (EHC) plan clearly follow the criteria from paragraph 9.54 to 9.56 of the SEND Code of Practice 2015:
Criteria question 1
Has the EHCNA confirmed the information available on the nature and extent of the child or young person’s special educational needs before the EHCNA and was the special educational provision made before the EHC needs assessment well matched to these needs?
If the answer is "yes", we move on to criteria question 2.
If the answer is "no", we then ask:
Are there circumstances which mean the education setting could not have been expected to have done this, for example:
- the circumstances have changed significantly or,
- the child or young person has only recently been placed in the setting or,
- their special educational needs were only identified shortly before the EHC needs assessment.
If the answer is "yes", we move on to criteria question 2.
If the answer is "no", the education setting should take relevant action to identify, assess and meet the child or young person’s special educational needs. This includes making full use of its set funds and additional spending above this level.
Until this happens it will not be possible to judge whether an EHC plan may be required. A request for a future EHC needs assessment will not be considered for at least 6 months, except in exceptional circumstances.
Criteria question 2
Is the provision required to meet the child ’s special educational needs 'over and above' what can reasonably be provided from within the resources normally available to mainstream early years providers, schools and post-16 settings?
The decision
If the answer is "yes" to question 2, we will issue an EHC plan.
If the answer is "no" to question 2, we will not issue an EHC plan.
Unless there are exceptional circumstances which would require us to make special educational provision in accordance with an EHC plan.