How we decide whether to issue a plan

Who makes the decision

The decision about whether to issue a plan is made by the Local Authority, moderated by a multi-disciplinary panel of professionals. The panel looks at the advice 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

How the decision is made

A decision will be made based on all the advice we have gathered from you, your child and other professionals and services during the assessment.

The SEND Code of Practice (sections 9.54 and 9.55) provides more information about what local authorities should consider when deciding whether to issue an EHCP. It says:

In deciding whether to make special educational provision in accordance with an EHC plan, the local authority should consider all the information gathered during the EHC needs assessment and set it alongside that available to the local authority prior to the assessment. Local authorities should consider both the child or young person’s SEN and the special educational provision made for the child or young person and whether:

the information from the EHC needs assessment confirms the information available on the nature and extent of the child or young person’s SEN prior to the EHC needs assessment, and whether

the special educational provision made prior to the EHC needs assessment was well matched to the SEN of the child or young person

Where, despite appropriate assessment and provision, the child or young person is not progressing, or not progressing sufficiently well, the local authority should consider what further provision may be needed. The local authority should take into account:

whether the special educational provision required to meet the child or young person’s needs can reasonably be provided from within the resources normally available to mainstream early years providers, schools and post-16 institutions, or

whether it may be necessary for the local authority to make special educational provision in accordance with an EHC plan

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