Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the accuracy of the education, health and care plan issuance process.

An education, health and care (EHC) needs assessment ensures that a child or young person’s needs are assessed in a co-ordinated manner across education, health and social care services.

Under this assessment process the local authority must seek information and advice from a range of partners, including the child or young person and their parents, their school or college, where applicable, relevant health and social care partners, an educational psychologist and any other relevant professionals.

The EHC needs assessment must identify the child or young person’s special educational needs together with any relevant health or social care needs.

If an EHC needs assessment determines that it is necessary for special educational provision to be made for the child or young person, the local authority must prepare an EHC plan.

Following the assessment, if the local authority decides not to issue an EHC plan, or if the child’s parent or, from the age of 16, the young person themselves disagrees with the description of needs, such as the educational provision set out in the plan or the educational institution named in it, they are able to appeal to the First-tier Tribunal (Special Educational Needs and Disability).

Latest data from the department shows that 5.1% of children and young people who underwent an EHC needs assessment during the 2023 calendar year were not issued a plan. In addition, 1,048 appeals were heard by the First-tier Tribunal in the 2023 calendar year regarding a decision on whether to issue a plan.