The new Education, Health and Care (EHC) plan will bring together all of the services that currently support you or your family.
The EHC plan will provide the same statutory protection as the Statement of Special Educational Needs, and now covers children from birth up to the age of 25 where needed.
The EHC needs assessments and plans are now a part of the service that we offer and started in September 2014.
A child has special educational needs (SEN) if he or she has learning difficulties or disabilities that make it harder for him or her to learn than most other children of about the same age.
Many children will have special educational needs of some kind during their education. Schools and other organisations can help most children overcome the barriers their difficulties present quickly and easily. A few children will need extra help for some or all of their time in school.
Special educational needs could mean that a child has difficulties with:
Children make progress at different rates and have different ways they learn best. Teachers take account of this when they organise lessons and teach. Children making slower progress, or having difficulties in one area, may be given extra help or different lessons to help them succeed.
You should not assume - just because your child is making slower progress than you expected or the teachers are providing different support, help or activities in class - that your child has special educational needs. Every school has a special educational needs co-ordinator (SENCO). If you have any concerns about your child you should contact the class teacher and the SENCO to discuss these.
Your child’s early years are a very important time for their physical, emotional, intellectual and social development. When your health visitor or doctor makes a routine check, they may suggest there could be a problem, or you may already have worries of your own. You can talk to your doctor or health visitor who will be able to give you advice about the next steps to take and who can help.
If your child’s needs are severe or complex, your health visitor or doctor may approach the other services on your behalf.
If you have any concerns about your child’s progress you should first talk to your child’s class teacher. In schools (or pre-school) there is a SEN Co-ordinator (SENCO), who is responsible for co-ordinating help for children with special educational needs. You will be able to talk over your concerns with the teacher and/or SENCO and find out what the school thinks. The SENCO will be able to explain what happens next.
Working together with your child’s teachers will often help to sort out worries and problems. Schools can offer strategies and support, set extra targets and when needed involve additional professionals to help, such as educational psychologists.
There is more information about what support is available to schools on the Education and Childcare page.
More support services and information can be found in Derby City’s Local Offer.
Those who need help using the searches can email email@example.com or telephone 01332 642611
In April 2014 the Early Help Assessment replaced the Common Assessment Framework (CAF).
The Early Help Assessment is to be use for Children and families who may need support from a wide range of local agencies.
Where they would benefit from co-ordinated support from more than one agency there should be an Early Help Assessment.
The Children and Families Act - Part 3 will introduce education, health and care (EHC) plans for children and young people with the most complex special educational needs. This will replace the statement of special educational needs assessment.
The majority of children and young people with special educational needs or disabilities will have their needs met within local mainstream settings.
Some children and young people may require an EHC needs assessment in order for the local authority to decide whether it is necessary for it to make provision in accordance with an EHC plan.
This system covers 0 – 25 year olds with special needs or disabilities.
Timescales for the process are set out in the Special educational needs and disability code of practice: 0 - 25 years.
The purpose of an EHC plan is to:
To achieve this, local authorities use the information from the assessment to:
Families with an EHC plan will be able to request a personal budget to buy services they need.
The following people have a right to ask for an education, health and care needs assessment of a child or young person aged between 0 and 25:
Anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, particularly where they think an EHC needs assessment may be necessary. This could include:
Bringing a child or young person to the attention of the local authority will be undertaken on an individual basis where there are specific concerns. This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.
Most requests are made by educational settings (usually the school), they should have evidence of support and interventions already in place and will hold information on progress made to date.
An educational setting is expected to make a request where: despite the setting having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child, the child has not made expected progress.
You may find it useful to look at our Criteria to get a EHC Plan before you make a request to help you understand the sort of children and young people that these plans can support.
If you are a parent or carer, to make a request you need to complete the EHC needs assessment request form for parents
If you are a professional you can make a request using request for EHC assessment form
These forms should be used for any requests submitted after 21st March 2016.
You may want to use Guidance on making a request for an EHC needs assessment 2016 to help you.
It will also be helpful to have the family views shared on the Family Views Form for EHC request and the child views shared on Child or young person's views for EHC - assessment request at the time of making a request.
Send your completed forms to:
Special Educational Needs,
Derby City Council,
Derby DE1 2FS
There are a number of people who can help you. Below are contact details for people providing different types of information or support you may need:
For help and advice about requesting a new Education, Health and Care plan or support through the conversion process from an Statement of Educational Need
SENDIASS phone: 01332 641414
Umbrella Independent Support Service phone: 01332 785658 e mail:Independent.Supporters@umbrella.uk.net
Enquiries regarding where a child/student is in the assessment process or annual review/conversion process contact your caseworker
Claire Barnes 01332 642794
Pat Dilks 01332 642425
Gabrielle Motley 01332 642659
Baldish Olk 01332 642698
Kam Variah 01332 642691
Enquiries regarding annual reviews due and completion of reviews please contact Assistant Inclusion and Assessment Officer
Michelle Rayner 01332 642877
Enquiries regarding students/children with a statement/education, health and care plan, mediation or tribunals contact your Inclusion and Assessment Officer
Kusar Ali 01332 642638
Elaine Cresswell 01332 642808
Tracy Kirk-Burton 01332 642860
Carolyn Maw 01332 641430
Students change school at set periods in their school career:
If your child has a statement of special educational needs or an Education, Health and Care (EHC) plan you will get a letter explaining that the process of requesting the next school starts in the Summer term of the year prior to transfer. For example you will get a letter in the Summer of 2016 if your child will change school (transfer) in September 2017.
You will be invited to a review of your child’s statement or EHC plan and asked to start to consider options.
During the Winter term you will be asked for your school preference for the following September. Next we have to consult with schools, this is where we ask the school if they can meet the needs of your child, we will do this when you have told us which school you would like them to go to.
After a school is agreed it will be named on the EHC plan and this will be sent to you.
We have produced Which school for my child - guidance for parents of children with an EHCP or Statement to help you understand what will happen.
You can also seek guidance from the Derby SEND Information Advice and Support Service at any stage.
Umbrella Independent Support Service can offer help and support with the EHC process.
If you get an EHC Plan you may be able to request a personal budget. Read our personal budget guide to find out more
We have planned how and when children and young people who have a Statement of Educational Need or a Learning Difficulty Assessment will get these converted to Education Health Care Plans.
Download the Derby City SEND Conversion Plan - Version 3 Feb 2016
We are always reviewing where we are with the number of conversions needed in the City. We are aiming to have the Derby City Draft Conversion Plan October 2016 finalised by the end of October. We are doing final data checks and some further consultation currently.
Wherever possible we want to enable issues and disagreements to be discussed and resolved at the earliest opportunity. This may be an informal chat with a teacher, social worker or health professional initially. Schools, colleges and services will have their own published policies and/or guidance for addressing complaints and disagreements and the arrangements described below are not intended to replace these.
There may be times where a more formal meeting and talking with those involved in supporting children and young people with special educational needs and/or disabilities, facilitated by an independent and neutral third party is required. Such discussions would include the parents and carers but may also involve the children and young people themselves, as appropriate.
Disagreement Resolution is the process for exploring and addressing issues about any aspect of SEN provision, including health and social care disagreements. The child or young person does not have to have or be in the process of being assessed for an Education, Health and Care Plan, in order to access the disagreement resolution process. It is intended to provide a quick and non-adversarial way to resolve disagreements.
Two providers deliver Disagreement Resolution Services (DRS) across the East Midlands. They are Kids and The Together Trust.
Mediation Services focus on issues and disagreements relating to Education, Health and Care (EHC) Plans. This includes where a request has been made for an assessment for an EHC Plan and that request has been turned down by the Local Authority. Decisions relating to the assessment process or the educational provision or needs described in an EHC Plan can be appealed to the First Tier Tribunal.
Obtaining Mediation Advice
From the 1 September 2014 a parent or young person wishing to appeal to the First Tier Tribunal about the education elements of EHC assessments and plans will need to obtain a certificate to demonstrate that they have at least considered mediation before the Tribunal will accept their appeal. This certificate will be issued by a Mediation Adviser, who can provide support and guidance to you about what can be appealed to tribunal, how mediation can be accessed and who the appointed mediators are for the East Midlands.
You do not have to contact the mediation adviser prior to registering an appeal with the Tribunal, if the appeal is solely about the name of the school/college/other institution named in the EHC Plan, or the type of school/college/other institution specified in the plan, or the fact that no school or other institution is named.
Mediation advice is also not required where the disagreement is in relation to a disability discrimination claim.
Global Mediation Ltd was appointed to provide Mediation Advice across the East Midlands region. This service is free of charge to users and can be accessed via the following Freephone number – 0800 064 4488.
Global Mediation Ltd is a separate organisation from the providers of mediation services in the East Midlands and is therefore able to provide neutral and independent advice on the mediation process and refer you to a mediation provider, if appropriate.
Deciding whether to go to mediation or make an appeal to the Tribunal
Once you have received mediation advice, it is your decision whether you want to try mediation before making any appeal to the First Tier Tribunal.
If you decide to proceed with mediation Global Mediation will refer your details onto your chosen provider so that you don’t have to give the same information all over again.
If do not want to try mediation, then the Mediation Adviser will issue to you, within 3 working days a certificate which you will need to send to the Tribunal, if you wish to register an appeal.
The SEN Code of Practice makes it clear that people and young people will not be disadvantaged at the Tribunal if they have chosen not to proceed with mediation.
KIDS and The Together Trust deliver independent mediation advice for us.
At present it is not possible to appeal to the Tribunal about matters which specifically relate to the health and social care elements of an EHC Plan (unless that provision educates or trains a child or young person, in which case it would be treated as special educational provision). However it is still possible to go to mediation on the health and social care elements of the EHC Plan.
If you wish to proceed with mediation please do not contact KIDS or The Together Trust directly. If you do contact KIDS or The Together Trust regarding a mediation matter without obtaining mediation advice first, these providers have been advised to refer the matter back to Global Mediation Ltd.
The tribunal forms part of the First-tier tribunal (Health, Education and Social Care Chamber). Tribunals are overseen by Her Majesty’s Courts and Tribunals Service.
The tribunal hears appeals against decisions made by the local authorities in England in relation to children's and young people’s EHC needs assessments and EHC plans. It also hears disability discrimination claims against schools and against local authorities when the local authority is the responsible body for a school.
The tribunal seeks to ensure that the process of appealing is as user-friendly as possible, and to avoid hearings that are overly legalistic or technical. It is the tribunal’s aim to ensure that a parent or young person should not need to engage legal representation when appealing a decision. Parents and young people may find it helpful to have support from a voluntary organisation or friend at a hearing.
You can find out more on the Ministry of Justice website which gives guidance on what happens at a hearing.
Parents and young people can appeal to the tribunal about:
The tribunal does not hear appeals about personal budgets, but will hear appeals about the special educational provision to which a personal budget may apply.
Before registering an SEN appeal with the tribunal the young person or the child’s parent must consider mediation unless an exemption applies. Parents and young people must contact a mediation adviser before registering an appeal about EHC needs assessments or the SEN element of an EHC plan.
Parents and young people have two months to register an SEN appeal with the tribunal, from the date of the local authority sent the notice containing a decision which can be appealed or one month from the date of a certificate which has been issued following mediation or the parent or young person being given mediation information, whichever is the later.
In some cases parents and young people will not register the appeal within the two month limit. Where it is fair and just to do so the tribunal will use its discretion to accept appeals outside the two month time limit.
Parents and young people will not be disadvantaged at the tribunal because they have chosen not to go to mediation.
HM Courts and Tribunal Service,
Special Educational Needs and Disability tribunal,
Darlington Magistrates' Court,
Darlington DL1 1ZD