EHC plans post-16
How EHC plans work in FE colleges and post-16 providers, from being named in section I to delivering section F, funding, apprenticeships and plans up to age 25.
Glossary
What is an EHC needs assessment? Meaning and process
An EHC needs assessment is the local authority process that decides whether an EHCP is needed. Who can request one and how it works for FE learners.
EHC needs assessment
Glossary term · 2 sources
Definition
An EHC needs assessment is the statutory process a local authority in England uses to decide whether a child or young person needs an education, health and care plan. A young person aged 16 to 25 can ask for one themselves.
An EHC needs assessment is the gateway to an EHCP. It is the local authority’s formal look at what a young person needs, carried out with the young person, their family and professionals.
What does the local authority have to decide?
Section 36 of the Children and Families Act 2014 sets two tests. First, the local authority must decide whether the young person has or may have special educational needs. Second, it must decide whether they may need special educational provision to be made through an EHCP, rather than through the support normally available. If both are met, the local authority must carry out the assessment.
The authority gathers advice from education, health and social care sources, and from the young person. It then decides whether to issue a plan. The Special Educational Needs and Disability Regulations 2014 set the timescales and who must be asked for advice.
How does an EHC needs assessment apply in FE and apprenticeships?
At 16 or over, a young person can request an assessment in their own right. A college, training provider or other professional can also ask the local authority to assess, but should do so with the young person’s knowledge and agreement. The responsible local authority is generally the one where the young person lives.
For FE and apprenticeship providers the practical task is evidence. Providers can show what support has been tried, what it cost and what difference it made. Records of reasonable adjustments and reviews are the sort of evidence the local authority will find useful. Our EHCPs in further education guide explains how to prepare it.
Some learners move into FE with an existing EHCP from school. Others have their needs recognised for the first time at college or on an apprenticeship, and a request is made then.
What is a common misconception about EHC needs assessments?
A common belief is that a young person must first have been supported at “SEN support” level for a fixed period, or have a diagnosis, before they can be assessed. The law contains no such requirement. The test is about needs and whether a plan may be necessary, not about a diagnosis or a set trial period. Evidence of what has already been tried is helpful, but the local authority cannot refuse simply because the learner has not had an assessment or diagnosis.
Where can you find the official source?
Read section 36 of the Children and Families Act 2014 on legislation.gov.uk and chapter 9 of the SEND code of practice: 0 to 25 years on gov.uk. If a local authority refuses to assess or refuses to issue a plan, the young person can appeal to the First-tier Tribunal (SEND). Check the current time limits and procedure on gov.uk before advising anyone.
Frequently asked questions
Who can ask for an EHC needs assessment for a college learner?
The young person can request one themselves. Their parent cannot do so in their place once they are over 16, though a college or other person acting on their behalf can ask the local authority to consider it.
How long does the process take?
The statutory time limit from request to final plan is 20 weeks, with limited exceptions. The local authority has six weeks from the request to decide whether to assess.
Does an assessment always lead to an EHCP?
No. The local authority may decide after assessing that a plan is not necessary. The young person has a right of appeal against that decision.
Sources and further reading
- Children and Families Act 2014, section 36 (legislation.gov.uk)
- SEND code of practice 0 to 25 years (gov.uk)
Official guidance changes. Check the source before relying on any detail, and take professional advice for individual cases.
Help shape the pilot
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