Introduction 

From September 2014, Statements of Special Educational Needs (SEN) and Learning Difficulty Assessments (LDA’s) will be replaced by Education, Health and Care Plans and this guide provides you with the key information about these changes

The EHC Plan will provide the same statutory protection as the Statement of SEN, but can cover children and young people from 0 – 25 and will be holistic and centred on the child or young person’s needs. This will ensure that the child/young person’s voice is central to the process and therefore gives them the best chance to achieve, develop independent skills and reach their full potential.

What this means for your child

• The new EHC Plan can cover children and young people aged 0-25 and will be regularly reviewed.
• Milton Keynes SEN Team will start the process of converting Statements of Special Educational Needs and Learning Difficulty Assessments into an EHC Plan from September 2014.
• Children/young people and their parents/carers will have greater choice and more control over the services they need and how they are provided.

Milton Keynes SEND Local Offer

As part of the SEND Reforms each Local Authority is required to produce an effective Local Offer that provides parents/carers and children/young people with clear information on the services they may want to access. This includes an easy to navigate website that enables you to search and understand the services available across education, health and social care. For many children and young people their needs will be met through the services provided through the Local Offer and the SEN support provided by their setting.

Milton Keynes SEND Local Offer can be found at:

www.milton-keynes.gov.uk/sendlocaloffer

Education, Health and Care Plan Process

Who are EHC plans for?

Education, Health and Care Plans are designed to support children and young people with long term and complex needs that are impacting on their ability to access learning and develop independence. A request for an Education, Health and Care Plan will generally only be made once support has already been put in place through the child or young person’s setting and the services available through the Local Offer.

The guidelines for requesting an EHC assessment reflect the four main areas of need, outlined in the 2014 Code of Practice:

• Cognition and Learning.
• Communication and Interaction.
• Social, Emotional and Mental Health.
• Sensory and/or physical needs.

The guidelines ask those requesting an EHC Needs Assessment for a child or young person to submit evidence not only about the child/young person’s needs but about:

• Interventions and support that have been put in place by the child or young person’s setting.
• How progress has been monitored and interventions reviewed.
• Information on how the difficulties impact the child or young person’s ability to learn and develop independence.
• What advice has been sought and acted on from external agencies.

This is to ensure that children and young people whose needs can be met through their setting are appropriately met and wider services are involved as necessary. SEN services in Milton Keynes are committed to ensuring we have the fullest possible understanding of a child or young person and their environment, in order appropriately to consider referrals for EHC needs assessments.

The full guidelines can be found at www.milton-keynes.gov.uk/sen

Who can request a EHC Needs Assessment?

• The child or young person’s parent/carer.
• A young person over the age of 16 but under the age of 25.
• A person acting on behalf of a school or post 16 institution (this should be with the knowledge and agreement of the parent or young person where possible).
• In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the Local Authority.

How long will it take for a decision to be made?

The time taken from the point an EHC Needs Assessment is received to when the final EHC Plan is issued will no more than 20 weeks.

Once the SEN Team have received a request for an EHC Needs Assessment, we will normally tell you within six weeks whether we will carry out an assessment. To help us make our decision we will ask you for information about your child or young person and we will also ask your child or young person’s setting for information about your child or young person’s needs and how they are progressing. We will write to you once a decision has been made.

Education, Health and Care Plan Timeline:

Week 0:

Local Authority receives a referral for Statutory Assessment

• Setting Referral      
• Professional Referral
• Parent/Carer LA to seek advice from setting (2 weeks)

EHC Panel

Week 4: Decision to say Yes or No to start Statutory Assessment.

Yes, Request advice from professionals 6 weeks to seek advice                       

No, within 3 weeks way forward

Week 10: All advice received from Parent/Carer and Professionals

EHC Panel

Week 11: Decision to issue Draft EHC Plan

Yes, Week 12: Draft EHC plan sent to parents

No,  No to EHC Plan letter to parents. A way forward meeting will be arranged within 3 weeks

Week 13: Planning meeting 

• Discuss Draft EHC Plan
• Clarify provision parents would like
• Gain parents’ school preference

Week 14: Provision meeting

Week 15: Send Proposed EHC Plan to all

Parents have 15 days to respond to content and confirm preference

Week 17: Application to placement *

Allow setting to have 15 days to respond to application

Week 20: Final EHC Plan sent to all

Week 28: Post EHC Plan meeting (the setting arrange this meeting)

*If parents ask for a special school or department provision, this may result in sending the EHC Plan out to parents without a school name due to panels’ scheduling.

What happens if the Local Authority says No to an Assessment?

If we decide not to carry out an assessment we will write to you and give the reasons why. We will also let the school/setting know the decision and provide recommendations for the support that will be required for your child or young person.

A ‘Way Forward’ meeting will be arranged within three weeks of making this decision to discuss the reasons for not agreeing to assess. The meeting will look at the provision and strategies that need to be put into place and will agree an action plan to meet your child or young person’s needs.

You can assess advice and support at any stage through Milton Keynes Parent Partnership on 01908 254518 or an independent Supporter from the Pre-School Learning Alliance on 01908 263700. You can also access independent mediation if you are unhappy with any of the decisions made and have the option of appeal to the SEN Tribunal if no resolution is reached.

Can I ask for my child to be assessed again?

The Local Authority can accept a new referral at any time; however we would recommend that the actions agreed at the ‘Way Forward ‘meeting have first been put into place and evaluated.

What is involved in an EHC Needs Assessment?

The first step is an assessment which is completed within six weeks. In this time we gather detailed information about your child or young person in order to get a clear picture of their needs. We will ask you for additional information and we will contact a number of professionals including:

• The Headteacher/Principal of your child’s school/setting

• An Educational Psychologist

• A Community Paediatrician

• Social Care services

• Any other professional involved in support of your child

During this six week period, your child may need to attend appointments with a Community Paediatrician and an Educational Psychologist for assessment. It is vital that your child attends these appointments in order to prevent any delays and to ensure that we have up to date information to assist in our decision making.

Once all information has been received we will consider whether to issue an EHC Plan. We will normally write and tell you the decision within 12 weeks of starting the assessment and if we have decided to issue an EHC Plan we will send you a draft plan. If it has been decided not to issue an EHC plan we will write to you and explain the reasons for this decision.

The EHC Plan

The EHC Plan will set out your child or young person’s educational, health and care needs, and the provision they require in order to make progress. The draft EHC Plan will be sent to you and a meeting will be arranged with you to discuss the plan. Next, a provision meeting will take place with professionals to determine the cost required to meet your child’s needs. A Proposed EHC Plan will then be sent to you and all professionals involved. You will have 15 days to let us know if you are in agreement with the Proposed EHC Plan and confirm what your school preference is.

What if I disagree with the Proposed EHC Plan?

If you disagree with any part of the Proposed EHC Plan you should talk to your SEN Caseworker. You can also:

• Talk to Parent Partnership on 01908 254518 – an impartial source of information, advice and support.

• Consider independent mediation.

• You can also access an independent Supporter through the Pre-School Learning

Alliance on 01908 263700.

If no resolution is reached, the final plan will be issued and you will have the right of

Appeal to the SEN tribunal.

Your child’s school/setting:

Most children and young people with EHC Plans will attend mainstream schools/settings and most parents prefer their child to continue at the school they already attend following an EHC Plan being issued. However, the decision about which school is right for your child is an important one and we will support you to ensure that you receive all the information you require.

When will the Final EHC Plan be issued?

We will usually send you the final EHC Plan, which will name the school in Section I, within eight weeks of issuing the draft EHC Plan and four weeks from the proposed EHC Plan. The EHC Plan comes into force on the day it is issued as a final. It will then be reviewed annually, and six monthly for children under five.

How long does the EHC Plan last?

A child or young person can have an EHC Plan through the whole of their education and further education, or for just part of it. If a child or young person makes good progress and no longer needs an EHC Plan we may agree together to end the EHC Plan.

Travel to and from school

Parents and carers are responsible for ensuring that their child or young person attends school regularly. They are also responsible for arranging their child or young person’s safe arrival at school and their safe journey home at the end of the day.

For some that might mean using a bus on a daily basis and Milton Keynes Council provides assistance to those families through funding a scheme which enables children to travel at a discounted rate of 50p per journey. See details of the ‘All in 1 MK Card’ at www.mysaymk.com

However, under some circumstances, the Local Authority has a legal duty to provide home to school transport and to pay for all the costs associated with it. Please visit www.milton-keynes.gov.uk/schooltransport for more information, the relevant forms and documents, and to read the council’s Home to School Transport Policy Statement.

What happens if I move to another Local Authority area?

If you are planning to move to another Local Authority area, it is important that you inform Milton Keynes SEN Team and your new Local Authority about your child’s needs and the best way of making sure they continue to be met. When you move, the SEN Team will send your child’s EHC Plan to the new Local Authority, who must then ensure that your child gets all the special educational help set out in their EHC Plan.

Within six weeks of receiving your child’s EHC Plan, your new Local Authority must tell you when they will review the EHC Plan and whether they are going to make a new EHC needs assessment of your child or young person.