Skip to main content

{{ root_page.title }}

What would happen if the local authority makes the decision not to issue an EHC plan and if the parent/carer or young person disagrees with the local authority’s decision?

Following the completion of an EHC needs assessment, if the local authority decides that an EHC plan is not necessary, it must notify the child’s parent or the young person, the early year’s provider, school or post-16 institution currently attended, and the health service and give the reasons for its decision. The notification must take place as soon as practicable and at latest within 16 weeks of the initial request or of the child or young person having otherwise been brought to the local authority’s attention.

The local authority must also inform the child’s parent or the young person of their right to appeal that decision and the time limit in which to appeal, and the availability of information, advice and support and disagreement resolution services.

The local authority should also ensure that the child’s parent or the young person are aware of the resources available to meet SEN in mainstream provision and other support set out in the Local Offer.

The local authority should also provide written feedback collected during the EHC needs assessment process, which the child’s parent, the young person, early years provider, school or post-16 institution can understand and may find useful, including evidence and reports from professionals. This information can then inform how outcomes sought for the child or young person can be achieved through special educational provision made by the early year’s provider, school or post-16 institution and coordinated support from other agencies

Parents/carers and young people have the right to challenge the Local Authority’s decisions on:

  • Not to carry out an Education, Health and Care assessment
  • Not producing an Education, health and Care plan
  • The special educational support included in the plan
  • Cease to maintain a plan

The parent/carer or young person has the right to appeal at First Tier Tribunal should the local authority decide not to issue an EHC Plan. The SENDIAS Service will be able to provide advice and support.

You can contact the service by;

Telephone: 01429 284876/07776491662

Email to: HARTLEPOOLIASS@hartlepool.gov.uk.

Further information about the SENDIAS Service can be found on the website: www.hartlepoolsendiass.co.uk/