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An Education, Health and Care Plan is a legal document that outlines the education, health and care provision that children with special educational needs are entitled to. There is no minimum age with which a child can have one. EHCPs were introduced in 2014 as part of the Children and Families Act. The only legal test for a local authority to carry out an EHCP Needs Assessment is that having regard to any views expressed and evidence submitted, the authority is of the opinion that

1. The child or young person has or may have special educational needs.
2. It may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan’ (Children and Families Act 2014 c.6, Part 3, 36 (7).

As you can see the threshold to assess a child is actually very low. Children do not require a diagnosis for a local authority to agree to assess for an EHCP (which is hugely fortunate given current waiting times for ASD assessments). Evidence of need is sufficient to meet the legal test to assess. There is no set period in law by which you must demonstrate evidence of SEND and neither do you need ‘war and peace’ evidence for the child. 

Every local authority has its own EHCP process outlined on their local offer, and many outline a minimum number of support cycles needed to submit an initial assessment request, but these processes are guidance and not law. I often find that nurseries do not apply for EHCPs on behalf of children because they do not feel that they have sufficient evidence or they are worried about the process and paperwork, even when their professional judgement tells them that there is a significant need present. Trust your judgement – you know children and their development. Settings are also often not aware that parents can apply for an EHCP. For a child who needs an EHCP and doesn’t have one, they start school without any additional support in place, and they flounder even more being in a busy class of 30 children. The EHCP process takes 20 weeks, so if a school doesn’t submit evidence until children start in reception, they often don’t receive their EHCP until the summer term. If a child starts school with an EHCP that has been applied for during their pre-school years, it ensures that they have the right support at the crucial transition time. 

Make sure you know your SEND law and the rights that children and settings have as part of it. I am always happy to provide early years settings with further training and support. As early years practitioners you are very experienced in knowing when children have additional needs and don’t be afraid to make requests for support when you know that is the case. It is the local authority’s duty to decide if there is a need through the assessment process, so don’t worry about getting it wrong – you can’t!