What happens in the first six weeks
When a EHCP needs assessment request is received an EHCP officer is assigned to the case. The process starts from the date the request is received by the Solihull Council.
Requests for information are sent to various organisations, including:
- Educational setting (if a parental request for an EHCP needs assessment)
- Health
- Solihull Specialist Inclusion Support Service
- Solihull Education Psychology Service
- Solihull Early Years Team (if the child is 5 and under)
All information will be considered at the multi-agency SEN panel. You will be informed of the decision of whether or not an assessment will be completed by week six. The SEN panel will make a decision on whether the legal tests to complete an EHCP needs assessment have been met.
The legal tests as defined in the Children & Families act 36(8) are:
The local authority must secure an EHCP 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
Education, Health and Care Plan Panel (EHCP Panel) – Terms of reference (July 2024)
There are two possible outcomes from the panel:
a) The legal tests have been met and an EHCP needs assessment will be carried out. A letter will be issued to parents confirming this.
b) The legal tests have not been met and an EHCP needs assessment will not be carried out. A letter will be issued to parents and education setting outlining the decision, the reasons, and next steps
The EHCP officer will also contact the parents, or young person over the age of 16, to inform them of the outcome.
Following a decision that the legal tests have not been met 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 education settings (where applicable). These meetings will discuss what support is available without and EHCP.
If parents are not in agreement with the decision they can choose to go to mediation or appeal the decision 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 complete an EHCP needs assessment.