What happens if the LA decides that an EHC Plan is not necessary?

  • If, following assessment, the Local Authority decides that an EHC plan is not necessary, it must inform the parents or young person, the current education provider and the health service, and give the reasons for its decision.
  • This must take place within 16 weeks of the initial request
  • The Local Authority must also tell the parents or young person that they have the right to appeal to the SEND Tribunal against the decision and set out the time limits for appeal, and the availability of disagreement resolution services.

In these circumstances it is likely that the information gathered during the assessment will have indicated ways in which the school / provider can meet the child or young person's needs from within available resources through an SEN Support Plan.

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