The law around when an EHCP should be issued is less clear than that dealing with assessment.
Legislation states that an EHCP should be issued when it is ‘necessary’.
Case law has not clarified this in any great detail, beyond stating that necessary means something between ‘useful and essential’.
An important factor is what provision is normally available within mainstream schools.
This is when available funding can be considered.
If an EHC Needs Assessment request is agreed, the LA has a further 10 weeks by which time a decision must be made either to issue a Draft EHCP, or to decide that no EHCP will be issued.
Such a decision should be based on all of the evidence submitted in support of the Assessment request, as well as the reports commissioned by or otherwise submitted to the LA; including any prepared by independent professionals.
If a Draft EHCP is issued, there should be an opportunity to comment on and discuss with the LA the content of any of the Sections.
It is always worth comparing the content of the EHCP with the reports that were used to inform the assessment, to ensure that the relevant Sections include all diagnoses, assessment outcomes and recommendations of strategies and interventions to be provided. Any recommendations from an independent professional such as a private Speech and Language Therapist must be considered and should be included. In the event of any conflicting recommendations from similarly qualified professional, then a decision can be made as to which advice to include and the reasons for this.
It is at this point that a preference can be expressed for the type and name of educational placement that a parent / carer or young person wants named. The LA must consult with those placements, and can also consult with placements that it considers appropriate.
If a decision is made not to issue an EHCP, there is a right of appeal. There is a mediation process which has to be considered before an appeal can be made to SENDIST.
Where a decision has been made not to issue an EHCP, further requests for assessments are disallowed for a period of six months from that decision date (including any decision confirmed by a Tribunal).