Requesting an EHCP Assessment

An Education, Health and Care (EHC) Needs Assessment is an assessment of a child or young person’s education, health and care needs. An assessment can result in a Local Authority (LA) providing an Education, Health and Care Plan (EHCP) for a child or young person.   An EHCP sets out any additional support and funding needed for a child or young person with special educational needs (SEN).

Who can ask for an EHC Needs Assessment?

The following people have a specific right to ask a local authority to conduct an Education, Health and Care (EHC) needs assessment for a child or young person aged between 0 and 25 years:.

  • the child’s parent;
  • a young person over the age of 16, but under the age of 25, and
  • a person acting on behalf of a school or post-16 institution,  the SEND Code of Practice [SEND CoP] states that this should be with the knowledge and agreement of the parent or young person where possible.

In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the LA, particularly where they think an EHC needs assessment may be necessary. This could include, for example, foster carers, health and social care professionals, early years practitioners, youth offending teams or probation services, those responsible for education in custody, school or college staff or a family friend. This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person. Where a child or young person has been brought to the LA’s attention, they must decide whether an EHC needs assessment is needed.

There is a right to request an assessment up to the young person’s 25th birthday.

Asking for an EHC Needs Assessment

The LA must notify the child’s parent or the young person that it is considering whether an EHC assessment is necessary, this is particularly important where the request was not made by the child’s parent or the young person, so they have enough time to provide their views. In considering whether an EHC needs assessment is necessary, LA's must have regard to the views, wishes and feelings of the child and his or her parent, or the young person.

If a LA is requested to conduct an EHC needs assessment by a parent, young person, school or college, or other, they must consider:

  • whether the child or young person has or may have special educational needs (SEN), and
  • whether they may need special educational provision (SEP) to be made through an EHCP.

If the answer to both questions is yes, they must conduct an EHC needs assessment.

This test is set out in the law (section 36(8) of the Children and Families Act 2014). This means these are the only questions the LA should be asking when considering whether or not to conduct an EHC needs assessment.

When deciding if an assessment of need is needed, the LA should pay particular attention to:

  • Evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress.
  • Information about the nature, extent and context of the child or young person’s SEN.
  • Evidence of the action already taken by the school or other setting.
  • More intervention and support over and above that which is usually provided.
  • Evidence of the child or young person’s physical, emotional and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies.

However, if any of the evidence in the list above is not available, this should not be a ‘reason’ for a LA to refuse an EHC assessment and the LA must show willingness to consider the individual circumstances of the child or young person. .

The SEND CoP clearly states that LA's  must be prepared to depart from their own criteria (local authorities can develop their own criteria and guidelines regarding the EHCP process) where there is a convincing reason to do.

LA's must not apply a ‘blanket’ policy to particular groups of children or certain types of need, as this would prevent the consideration of a child’s or young person’s individual needs.

Timescale

The LA must reply within 6 weeks to inform you if they are going to conduct an EHC needs assessment. They should always reply to you as a parent or young person – even where the request was made by the school, college or other.

Where should I send my request for a Needs Assessment?

Please send your letter and evidence to inclusion.bandsl@westmorlandandfurness.gov.uk.  Please contact your local Westmorland and Furness SEND IASS Co-ordinator if you need more support with making a request.