Education, health and care (EHC) needs assessment requests
Who can request an EHC Needs Assessment?
- A person acting on behalf of an educational setting. A request should have the agreement of the parents or young person (where possible). For example,
- a special educational needs coordinator (SENCo), teacher.
- A professional or organisation. A request should have the agreement of the parents or young person (where possible). For example,
- a health or social care professional,
- a foster carer,
- early years practitioner, or
- youth offending team or probation service.
- Parent/carers of a child aged 0-16 years.
- Parent/carers of a young person with SEND, (aged 16-25 years), who cannot make the referral without support.
- Young people with SEND (aged 16-25 years), who can make the request without support.
Checklist of actions to take before making an EHC Needs Assessment Request
- Read the SEND information report for your child's setting. Links to the reports are available in our Schools Directory. The report will give information about what they offer and the process to follow if you have concerns.
- Check that your child is receiving SEND Support.
- Read about the provision mainstream settings are expected to provide for those with SEND. Speak to the setting if you think this is not happening.
- Check that the education setting is using the graduated approach to SEND Support. This is known as ‘assess, plan, do, review’. The setting should have been through at least 2 cycles of the process. Do you know the outcomes and were they successful?
- Check that the setting has evidence of the use of the graduated approach to SEND Support. For example,
- A SEND support plan is in place.
- The support plan is being reviewed regularly and details are recorded.
- Has your child seen an educational psychologist or other professional? If so, have you seen their report and ideas on how your child can be supported?
- Make sure you have had regular meetings with your child’s keyworker or teacher.
- Speak to the SEND Information Advice and Support Service (SENDIASS) if you need more information, advice and support.
- If you do not agree with the existing SEND support that has been put in place, ask to speak to the Special Educational Needs Coordinator (SENCo) or you could meet with them. You can discuss whether everything possible is being done to support your child.
- Speak to the setting about your concerns and let them know you want to request an Education Health and Care (EHC) needs assessment
If you would like to request an EHC needs assessment, you can complete the request form.
Usually, settings are best placed to request an assessment. They should have, and be able to provide:
- evidence of the graduated approach Special Educational Needs (SEN) support that has been put in place and any progress made (or lack of progress), and
- details of any professionals that have been involved and any reports they have been produced.
This information will go to the SEND Decision Making Panel. It will help them make an informed decision on whether they should carry out a needs assessment.
However, if you feel that this is not the case for your child, you have the right to request an assessment. In these situations, robust evidence will still be required as part of the application. There is support and guidance on how to request an assessment from:
An EHC needs assessment will not always lead to an Education, Health and Care Plan (EHCP).
The Use of Representatives in SEND Cases: a guide for parents [PDF 520KB]. This useful guide has been co-produced by legal professionals, SEND parents and non-legal representatives.
How is the decision to assess made?
The multi-agency SEND decision making panel meets regularly to discuss requests. The panel decides on whether to proceed to a statutory assessment. Their decision is based on the legal test set out in the Children and families Act 2014:
If a local authority (LA) is requested to carry out an EHC needs assessment by a parent, young person, school or college, it must consider:
- whether the child or young person has or may have SEN , and
- whether they may need special educational provision to be made through an EHCP.
If the answer to both of these questions is yes, the LA must carry out an EHC needs assessment.
Parents will be informed of the decision by letter.
The Assessment
If we agree to assess, we will gather information from relevant professionals. This will include an educational psychologist. This information covers education, health, and care needs. Your views, and those of your child are an important part of the assessment. You will be allocated an EHCP Coordinator. The EHCP Coordinator can support you during the process.
After the assessment we will decide whether an EHCP is necessary. If we decide an EHCP is not needed, we must tell you within 16 weeks of the assessment request.
If I don’t agree with:
- a decision not to assess, or
- a decision not to issue an EHCP.
You can:
- Speak to your EHCP Coordinator
- Get support from SENDIASS. Their advice is impartial and independent.
- Appeal to the First Tier Tribunal.
The EHCP process should follow a 20 week timeline
- Request for an EHC needs assessment received.
- By 6 weeks the LA must tell you if they will assess or not. You will receive a letter with the decision.
- If the decision is yes to assess: by 16 weeks the LA must finish the assessment and decide if they will issue an EHCP. You will receive a letter with the decision.
- If yes, between 16 to 20 weeks the LA will send a draft EHCP. You will have 15 days to comment and ask for a particular school or educational setting to be named in the EHCP.
- By 20 weeks the LA must complete the final EHCP and name an educational setting.
The timeline starts the day the Council receives a request for an EHC needs assessment. The process should be completed within 20 weeks.