Birmingham SENDIASS

Step 5:

Once the assessment has been carried out, the Local Authority must decide whether

• To issue an EHC plan, or
• Not to issue an EHC plan

This decision must be based on the information and advice gathered during the EHC Needs Assessment. The legal test which the Local Authority must apply is found in Section 37 (1) of the Children and Families Act 2014, which says:

1. Where, in the light of an EHC Needs Assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC Plan:
   a. the local authority must ensure that an EHC Plan is prepared for the child or young person, and
   b. once an EHC Plan has been prepared, it must maintain the plan.

If the LA decides that it is not necessary, to issue an EHC Plan then the Local Authority must write to you within sixteen weeks from when they received the EHC Needs Assessment Request to tell you this and that you have a right to appeal to the SENDIST tribunal. They must provide you with information about this.