How we decide whether an assessment will take place

Who makes the decision

The decision about whether to start an EHC needs assessment is made by the Local Authority, moderated by a multi-disciplinary panel of professionals. The panel looks at the evidence and ensures that all decisions are made in accordance with the law.

The panel will include:

a senior manager from the SEND Statutory Team
an educational psychologist
Devon’s designated medical officer
a social work manager
advisory teachers from the SEND Support Team
an early years manager

How the decision is made

A decision will be made based on all the evidence submitted. This includes information on:

your child’s SEND needs
the provision being made by the educational setting to support the SEND needs
the impact of the provision in regard to progress
attainment over time
attendance over time

The SEND Code of Practice (section 9.14) provides more information about the criteria local authorities should use when deciding whether an assessment is necessary. It says that particular attention should be paid to:

evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress

information about the nature, extent and context of the child or young person’s SEN

evidence of the action already being taken by the early years provider, school or post-16 institution to meet the child or young person’s SEN

evidence that where progress has been made, it has only been as the result of much additional intervention and support over and above that which is usually provided

evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies, and

where a young person is aged over 18, the local authority must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete their education or training. Remaining in formal education or training should help young people to achieve education and training outcomes, building on what they have learned before and preparing them for adult life.

If there is insufficient evidence of the above, or evidence that your child is making progress, then a request for assessment might be turned down.

Education, health and care plans (EHCPs)

Step 1
If you feel that your child is not making progress, you might be considering requesting an EHC needs assessment - but, the quickest way to get some extra support for your child is to speak to staff at their school, college or education setting. We'd always recommend having these conversations before proceeding with a request for assessment.
Step 2
Follow our guidance on how to make a request, who should be involved in making the request and what happens once you have submitted it. We must give you a decision about whether or not we'll carry out an assessment within six weeks of your request.
Step 3
Find out more about what happens if we agree to carry out an assessment. We must tell you whether or not we will issue an EHCP within 16 weeks of your request.
Step 4
The Local Authority will create a draft EHCP and send you a copy. You will have 15 calendar days to give your suggested amendments and views before a final plan is issued. We must issue a final EHCP within 20 weeks of your original request.
Step 5
Over time, your child’s needs may change. We will review their EHCP each year as a minimum to ensure it continues to meet their needs.
Step 6
Find out more about what will happen if you need to transfer an EHCP into or out of Devon.
1. Transferring an EHC plan

Who makes the decision

How the decision is made

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Get in touch

Partner websites

DiAS (Devon Information Advice and Support)

Support for schools and settings

Children and Family Health Devon

Parent Carer Forum Devon