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You, your child's school, or others who work with your child can ask your local authority for an EHC Needs Assessment. If your child is over the age of 16 they can make their own request.

• Once the local authority receives a request they have up to 6 weeks to decide whether to carry out a needs assessment.
• If they decide to carry out an assessment, you and your child must be fully involved. The local authority must gather information from you and others, such as your child's school and other professionals, as well as the views of your child.
• If the local authority decide not to carry out an assessment they must inform you within 6 weeks of receiving the initial request. Your local authority should help you find other ways of supporting your child in school, or other setting. You can appeal against the refusal to carry out a needs assessment.
• If, after the assessment, the local authority decide that an EHCP is not needed, they must inform you within 16 weeks of the date they received the initial request for the assessment. You can appeal against the refusal to issue an EHCP.
• If they decide to proceed with the EHCP the local authority should work closely with you and your child to make sure the plan takes account of your views. A draft will be sent to you and you will have 15 days to comment. You may ask for a meeting to discuss it further.
• You can request a specific school or setting that you wish your child to attend, but the LA does not have to accept this if there is suitable alternative provision.
• The local authority has 20 weeks from the request for the EHC Needs Assessment to issue the final plan to you.
• You can appeal to the SEND tribunal if the local authority do not name your chosen school in the plan.
• The EHCP must be reviewed at least once every 12 months, working with you and your child.

How to challenge a decision

If you are unhappy with the local authority's decision not to conduct an EHC Needs Assessment, not produce an EHCP or the support included in the plan, you have the right to challenge it. For more information see (page 42).

For more information on the Tribunals system and appeals visit SEND Tribunal Service at
Tel: 01325 289350