Frequently Asked Questions

In a small number of circumstances, a child or young person’s needs cannot be met within the Universally Available Provision. If you feel that an EHC needs assessment and plan is necessary, you should talk to your SENCo. The recommended way for families to request a needs assessment is through the school or education settings. Usually schools/settings complete the request form with parent/carers.

Requests for assessment do not have to come from a school and can be made by:

• The child/young person's parents/carers (or somebody on their behalf)
• The young person if over the age of 16 (or somebody on their behalf) or
• A person acting on behalf of an early years setting, school or post 16 institution (this should be with the knowledge and agreement of the parent/carer or young person where possible)

In addition, anyone can inform the local authority about a child or young person who has, or may have, Special Educational Needs or Disabilities. This could include foster carers, health and social care professionals, early years practitioners, youth offending teams, or probation services. It may also include those responsible for education in custody, school or college staff, or a family friend. Again, this should be done with the knowledge and agreement of parents/carers or the young person where possible.

For more information, and links to the Citizen’s Portal where requests can be made, please visit the Local Offer and search for “requesting an EHC needs assessment”.

An EHC plan is not dependent on diagnosis. Children with a range of diagnosis can have their needs met through SEN support. An EHC plan is for children who require special educational provision that cannot reasonably be provided from within the resources normally available to mainstream nurseries, schools, and post-16 settings. 

The LA must assess if the child or young person meets the two legal tests:

1. May have SEND
2. May need specialist provision via an EHCP to meet the SEND

If your child or young person has an EHC plan and you want them to attend a mainstream setting, your LA can only refuse if both of these two conditions are met:

1. a mainstream placement would be incompatible with the efficient education of others, and
2. there are no reasonable steps the LA could take to avoid this (this is set out in section 33 CFA 2014).

The degree or complexity of the special educational needs or disabilities, and the suitability of mainstream, is not a reason in law for refusal of a mainstream education.

This is an important right. Your LA cannot send your child or young person to a special school if this is not what you want. This is true even if the LA’s view is supported by professionals.

It is important to note, however, that this is a right to mainstream education but not necessarily a right to a particular mainstream school.

How a school decides to use provision will depend on what’s described in the EHC plan and how specific it is. If you feel the provisions outlined in the EHCP are not in place, speak to your SENDCo first. You can request an informal review meeting to look in detail at the EHCP with the school staff working with your child. If you or the school believe your child’s needs have changed, or the funding is insufficient, an early annual review can be requested. The school will follow the usual process of informing the LA that an early review meeting is being held and will invite the required attendees.

There is no requirement to specify funding in an EHCP. However, under s.42 Children and Families Act 2014, local authorities have a legal duty to arrange the educational provision specified in section F of an EHCP. This includes ensuring adequate funding. The EHCP must set out all the special educational needs of the pupil and make provision for each of those needs. Schools may be expected to fund up to a notional amount towards the pupil’s support from their SEN budget, with LAs providing top up funding to support individual pupils.

No matter who submits the request for EHC needs assessment, or what the appealable decision is, it’s the parent, legal guardian, or young person who have the right of appeal.

If you wish to appeal a decision made within the EHCP process, information on how to do so will be shared in communications from the SEND SAR Team; you can also contact the team or your school SENDCo for further information and support. Additionally, you can approach SENDIASS – please visit the SENDIASS website for further information.

Everyone has a right to a mainstream education; Section 33 of the Children and Families Act 2014 provides a general right to a mainstream education, not a specific mainstream school. When a parent wants their child to have a mainstream education and makes a request for a specific mainstream school or college, the LA is entitled to consider whether that school is suitable for the age, ability, aptitude, or special educational needs of the child or young person. 

A school is also allowed to refuse the request on the grounds that the attendance of the child or young person would be incompatible with the provision of efficient education for others, or incompatible with the efficient use of resources. If the Local Authority concludes that one of these reasons apply – perhaps because the child requires something which it is physically impossible to provide in that setting, or which can be provided more cheaply at an alternative suitable school – it must name an appropriate setting, or type of setting. This will need to be mainstream, unless that would be incompatible with the efficient education of others, and there are no reasonable steps the LA could take to avoid this. If parents/carers find themselves in this situation, they will be advised to talk to their caseworker and school to try and understand the reason for the decision. They could seek mediation and if necessary, consider appealing to the SEND Tribunal.

LAs have a legal duty to review and amend an EHC plan when a child or young person transfers from one phase of education to another; all placements should be reviewed annually. If a young person is moving from one post-16 institution to another post-16 institution at any other time, a review must happen at least 5 months before that transfer takes place (therefore, 31st March deadline is applicable every year when a CYP is post-16). As with all reviews, the current educational placement will be consulted with, giving the provider the opportunity to advise whether they can still meet need.

Where a 2-year programme of study has been agreed for Y12 and Y13, we would consult with the current provider to ensure continuing suitability of study pathway. Where a 1-year programme of study has been agreed, the LA will consult with both the most local/most appropriate and current providers. From Y14 onwards, the LA will consult with both the current and most local/most appropriate provider, or even consider potential of ceasing, depending upon circumstances.

Mainstream schools aim for inclusion and offer support within a diverse student population, meeting CYP needs through Universally Available Provision and using a Graduated Response approach. SEN specialist schools focus exclusively on students with special educational needs and provide highly tailored programs and resources. CYP who attend a SEN specialist school tend to have complex needs relating to their education, care and support that can only be met within that setting.

Independent schools charge fees to attend instead of being funded by the government. Pupils do not have to follow the national curriculum. However, safeguarding and child protection requirements still apply. All independent schools must be registered with the Government and are inspected regularly.