A local authority is required to issue an EHC plan if it is necessary, in light of a EHC needs assessment, for special educational provision to be made.

For young people over 18, a local authority must also consider whether they require additional time in comparison to the majority of their peers who do not have special educational needs, to complete their education or training. 

Local authority decides my child requires an EHC plan

If a local authority decides a child or young person with special educational needs (SEN) requires an EHC plan, the local authority will prepare a draft EHC plan and send it to the parents of a child with SEN or a young person with SEN. The parents or young person has 15 calendar days to comment on the contents of the EHC plan and to state their preference in respect of the educational institution to be stated in Section I.

A local authority must consult the governing body, head teacher, principal or proprietor of the educational institution preferred by the parents or young person before naming it in the EHC plan. Following consultation and representations by parents or the young person, the draft plan is amended where needed and issued. 

Local authority decides that an EHC plan is not needed and refuses to issue an EHC plan? 

If after an EHC assessment, a local authority decides that an EHC plan is not needed and refuses to issue an EHC plan, it must first notify parents and young persons of that fact, give reasons for its decision and must do so within 16 weeks of receiving the request to conduct an EHC needs assessment. The notification must include details of the right of appeal to the SEND Tribunal, including information about time limits and mediation.

An appeal to the SEND Tribunal must be made within two months from the date of a local authority’s decision, or one month from obtaining a mediation certificate, whichever is later. The burden of proof is on parents or the young person to prove that it is necessary for special educational provision to be set out in an EHC plan. 

If a local authority has refused to issue you or your child with an EHC plan, please contact Thomas Emmett, Head of Education, on 01245 453847 or at Thomas.emmett@birkettlong.co.uk.