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The Children and Families Act (2014) paragraph 20 states that:
“A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
A child of compulsory school age or a young person has a learning difficulty or disability if he or she:
- Has a significantly greater difficulty in learning than the majority of others of the same age or
- Has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions
A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely, if no special educational provision were made).
A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home”.
When your child is identified as having a special educational need, the setting or school should provide extra help in the classroom and make any reasonable adjustments necessary to meet your child’s needs. The setting or school should use a graduated approach based on a four part cycle of Assess, Plan, Do and Review. This will help the school to put in the right support and review progress.
If your child is not making expected progress, then you can speak to a member of staff, for example the class teacher or Special Educational Needs Coordinator (SENCO). If your child is not of school age, then it’s a good idea to speak with you GP and/or Health Visitor, so they can advise you of the next steps to take. Professionals can seek advice and support from the Local Authority SEN Team.
Keeping in touch with the Special Educational Needs Coordinator (SENCO) will help you understand what the school is doing to support your child.
An education, health and care (EHC) needs assessment (sometimes called a statutory assessment) is a legal process carried out by the local authority to determine whether a child or young person’s needs an EHC plan and, if so, the support (provision) contained within it.
The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a) The child or young person has or may have special educational needs, and
(b) It may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
If the answer to both of these questions is yes, the LA must carry out an EHC needs assessment.
This test is set out in the law (section 36(8) of the Children and Families Act 2014).
Despite the relatively low threshold of the legal test for assessment, many LAs have policies or criteria which set the threshold higher than the law. Please remember ‘Law’ supersede everything’
You should make a written request to the local authority. Your request should set out:
- Why you believe your child has or may have special educational needs and
- Why you believe they may need special educational provision to be made through an EHC Plan.
In other words, you need to explain why you believe the legal test for assessment is met. You can use IPSEA’s template letter for your request (https://www.ipsea.org.uk/making-a-request-for-an-ehc-needs-assessment)
We are aware of LA’s streamlining their EHC needs assessment processes using a variety of methods, including digital platforms (sometimes known as ‘hubs’) and specific forms. Whilst LAs can use these options, it is important that you are aware there is no particular form, format or method that is required in law to make your EHC needs assessment request valid. A request cannot be rejected on the basis that a specific method or form has not been used, nor can an LA insist that you speak with either the relevant educational setting or other services before making a request.
The LA must reply within six weeks to let you know whether it agrees to carry out an EHC needs assessment. This is set out in Regulation 5(1) of The Special Educational Needs and Disability Regulations 2014. The LA should always reply to you as a parent or young person – even where the request was made by the school or college.
An Education, Health and Care Plan (EHCP) is a legal document that outlines all the child’s special educational needs and the objectives and provision to meet those needs.
You will be informed in writing of the Local Authority decision and provided key information on your right to appeal and what that involves.
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