Requests for EHC (Education, Health and Care) needs assessments can be made by parents or carers, young people with SEND, schools or other education providers and some professionals such as Educational Psychologists, Health Visitors etc.
There is often confusion around the assessment criteria; that is, the legal tests that must be applied.
The legal tests are that a child or young person:
- HAS or MAY HAVE special educational needs or a disability and
- MAY REQUIRE additional support through an EHC Plan.
Evidence here could be a diagnosis of Autism or ADHD, a physical disability or sensory impairment, a report from a Speech Therapist indicating that a child has a significant communication difficulty, a dyslexia assessment or evidence from school that attainment is well below age related expectations.
There is no need for any additional criteria to be added; any reference in LA published assessment criteria to such needs having to be ‘severe’ or ‘complex’ are not part of the legal definitions
In some cases, it will be important to seek an EHC needs assessment as soon as possible in nursery or school provision.
In other cases, it is advisable to allow teaching and advisory staff to suggest additional provision and then review how effective it has been. This is called the ‘graduated approach’.
There are usually application forms available on the LA Local Offer websites, but it is also possible to make a request in the form of a letter.
The more evidence that can be provided with this request, the better chance there is of a well-informed decision being made by the LA, and assessment being agreed.
If a request is made for EHC Needs Assessment, then a decision has to be made within six weeks.
It is possible to Appeal against such a decision.
If a request for an EHC needs assessment is refused, it is also possible to make another request for assessment – for example, if you have an updated report or a letter from a health professional – without having to wait for any specific length of time.
