See answers to previous information requests

I am writing to request information under the Freedom of Information Act 2000 regarding the decision-making process used by the local authority when determining whether to carry out an Education, Health and Care (EHC) needs assessment under the Children and Families Act 2014 and the SEND Code of Practice.

1. Refusals of EHC Needs Assessments
Please provide information explaining the primary reasons why applications for an EHC needs assessment are refused. In particular, please clarify whether refusals are commonly associated with any of the following factors:
- an expectation that a child’s needs should be met through mainstream school provision or SEN Support without the need for an EHC needs assessment;
- the absence of independent professional evidence, such as reports from educational psychologists or other specialist professionals; or
- any evidence indicating that children from minority ethnic backgrounds or lower-income families experience disproportionate barriers in accessing the EHC needs assessment process.
This data is currently available. The data is recorded by decision rather that the reason behind it. In order to provide this level of detail we would need to look at each request and extract the reason for refusing to assess. The requestor has not provided a timescale within which they would like this data for so it is not possible to give the specific information on the time this would take, but I would anticipate it would be at least 5 minutes per record, and we have already received 436 requests last calendar year – this would therefore exceed the 18 hour limit. However, decisions are made on an individual basis on consideration of the legal test laid out in the Children and Families Act at Section 36 (8):
The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a) the child or young person has or may have special educational needs, and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

2. Approvals of EHC Needs Assessments
Please provide information explaining the primary reasons why applications for an EHC needs assessment are approved.
In particular, please clarify whether approval is more likely in circumstances where families are able to provide independent professional evidence, including reports from:
- educational psychologists;
- specialist speech and language therapists;
- other SEND professionals; or
- private specialist schools.
If available, please provide any policies, guidance, or criteria used by the authority when considering such evidence.
Please see answer to question 1

3. Decision-Making Process and Professional Qualifications
Please explain the training, qualifications, and decision-making framework relied upon by the individuals responsible for assessing and determining applications for EHC needs assessments.
In particular, please provide:
- details of the professional roles and qualifications of individuals who sit on decision-making panels;
- any training requirements for those involved in assessing applications;
- copies of any written policies, guidance documents, or criteria used when determining whether the statutory threshold for an EHC needs assessment is met.
This is available on the local offer: https://www.wokingham.gov.uk/children-families-and-young-people/send-local-offer/help-learning/education-health-and-care-plan-ehcp/ehcp-decision-making-panels