Stage three (weeks 12 to 15) - the decision on whether an EHCP will or will not be issued
The multi-agency SEN panel review all the information and decide whether the legal test is met for issuing an EHC plan.
There are two possible outcomes from the panel
a) The legal tests have been met and an EHC plan will be issued. The EHCP officer will issue the draft plan, which will be based on the EHCP Template, and accompanying letter by week 16 to the family for consideration, comment and signature within 15 days.
b) The legal tests have not been met and an EHC plan will not be issued. A letter will be issued to parents and education setting outlining the decision, the reasons, and next steps. This will be accompanied with written feedback created from information gathered during the assessment process. This will include recommended provision the education setting should provide.
If Solihull Council make the decision that an EHC plan is not required at this time the Education Participation Advisory Service (EPAS) will contact parents, or the young person if over 16, to offer a way forward meeting. If accepted the meetings are held between EPAS, parents, and educational settings (where applicable).
If parents are not in agreement with the decision they can choose to go to mediation or appeal via the SEND tribunal service. Parents must contact a mediation advisor to discuss whether mediation may be a suitable way of resolving the disagreement before registering an appeal with the tribunal. Details of mediation companies are included on the letter issued to parents following a decision by Solihull Council not to issue an EHC plan.
Additional information
Personal Budgets
For Information about Personal Budgets for children and young people with special education needs and /or disabilities please view the Solihull Council Personal Budgets Factsheet