You will need to clearly evidence educational needs. Though ‘health’ and ‘care’ needs are relevant and picked up within the EHC process, it is the educational needs that are the trigger for an assessment.

See below for some examples of supporting evidence…

• Your child/young person’s views
• Progress reports
• One Planning/SEN support plan/pupil passport/provision map
• Home/school diaries
• Health reports 
• Suspension/exclusion letters/reports
• Letters/emails from setting/local authority/health/specialist
• Examples of school or homework (can be helpful where rate of progress is in dispute)
• You can request a copy of your child’s school record (you will likely be charged for photocopying)
  
  

What is the local authority's view?

The decision letter from the local authority should explain why they decided not to carry out an EHC needs assessment.

They may have made other recommendations for example, a referral to a specialist service. You need to consider your counter-argument here as to why you believe this action will not meet your child’s needs. 

• Have the local authority taken everything into account? 
• Is there any other additional evidence that you or the school could provide to persuade the LA to reconsider?
• Have the LA offered you a Way Forward Meeting?
• Make it clear to LA how your child meets the legal test for an assessment

The SEND Code of Practice 2015, which is statutory guidance issued by the government, contains further detail on what LAs should consider.

At paragraph 9.14 the Code states that “the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress”. 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;
• evidence that where progress has been made, it has only been as the result of much additional 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

If the EHC needs assessment request relates to a young person, the LA should consider all of these points for you too. However for young people over 18, the  LA must also consider whether you need extra time, in comparison to the majority of your peers who do not have SEN, to complete your education or training (this is set out in section 36(10) of the CFA 2014). 

It is important to note the SEND Code of Practice is guidance, not law and the evidence listed at paragraph 9.14 are not part of the legal test in section 36(8) CFA 2014. This means that the LA should pay attention to this evidence, but if you are unable to provide this information for whatever reason and your child meets the legal test, the local authority should consider carrying out the assessment.