Requesting an EHC Needs Assessment

It is always a good idea to talk to the school or early years setting before asking for an EHC needs assessment.

Education settings must identify, assess the child’s needs and then plan support based on this information in a continuous cycle (assess-plan-do-review). Where school have identified what a child needs, this should be put in place.  You can ask your child's school how it uses its SEN budget to support your child and whether it has enough to make all the provision they need.

If progress is not being made despite SEN Support or there are gaps in knowledge (it is not known what the needs are and an assessment is the only way to determine these) or the school need help from the local authority to provide what is needed an EHC needs assessment might be the next step.  You can ask the school if they have exhausted their resources and if there is anything further they can try to help. 

Are there any local authority professionals involved?

The school may be able to reach out to local authority professionals, such as an Inclusion Partner or Engagement Facilitator for specialist advice on meeting needs.   This is a school service only and parents will not be able to contact them directly but if you feel a local authority professional is needed, speak to your school for their involvement. 

These local authority professionals can give expert advice and training on meeting complex needs.  You can find out more about Local Authority Services and Professionals

Do you need a Team Around the Family meeting?

If you have other professionals involved, you can ask for a Team Around the Family to be arranged to discuss alternative options and next steps.  

Examples could be:-

• Referrals to outreach services or agencies 
• Alternative provision
• Inhouse counselling/mentoring
• Referrals to health services, eg CAMHS
• Reduced timetable

Are school in agreement with you that an EHC Needs Assessment is the next step?

Talk to your child’s teacher and Special Educational Needs Co-ordinator (SENCO). Say why you think your child needs an EHC Needs Assessment. For example, your child:

• needs more support than school can give through SEN support
• is not making expected progress
• is not able to take part in the social parts of play and school
• needs to go to a different school that can meet their needs

If your teacher and SENCO do not think that your child needs an EHC assessment, you can make a parental request for an EHC Needs Assessment.  In this circumstance the local authority will be likely to include information from school as evidence for their case to refuse to carry out the assessment, so it is important to understand the arguments you will be up against.

Talk to school about why they do not feel an EHC needs assessment is required, and what their view is for next steps. Where they disagree about the rate of progress, use the opportunity to unpick this further.  Remember when we talk about progress this should not be limited to academic attainment, there may be wider needs which are having an impact to your child’s learning.

Consider all your child’s needs, what support they have had, for how long, and what impact (if any) the support has had ie. have the desired outcomes from targeted support been achieved?

Where the setting are suggesting trying a different strategy/service (and particularly where this was recommended by the local authority), consider how or whether this will have the desired impact for your child. For example, the strategy may have been tried previously or will only support one area of need whereas a full assessment will give you an overall picture.

Does your child meet the legal test for an EHC Needs Assessment?

If a local authority (“LA”) is requested to carry out an EHC needs assessment by a parent, young person, school or college, they must consider:

• whether the child or young person has or may have special educational needs (“SEN”); and
• whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

If the answer to both of these questions is yes, they must carry out 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 carry out an EHC needs 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”.

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. 

A child or young person’s school or setting can make a request, as can a parent. Under the new law, a young person (16-25) can also make a request themselves.

In making its decision about whether a child or young person needs an EHC Needs assessment the local authority has to look at what support has already been provided and whether there has been any progress. If a school or setting makes the request, they will able to provide evidence of support, attainment and rate of progress.

You will see below that there is no difference if school or parent/young person makes the request - the same information will be required from both parent and school and the legal timeframes are set out in the SEND Regulation and SEND Code of Practice. 

School EHC Needs Assessment 

The local authority have developed an education setting form, which asks the school to provide information on the child's identified SEN needs, attendance records and Attainment/Ability Assessments/Milestones Met.  

Parents will be asked to provide their views and will be given a 'Parent Views sheet' to complete.  You will need to describe your child’s needs, the support they currently receive and the support you think that they may require. 

You will also be asked for information about your child/young person’s views and will be given a 'Child Views' sheet to be completed. Parents must sign the permissions form. 

Parental EHC Needs Assessment 

You will be asked to provide a

• A summary of your/your child’s special educational needs
• The educational outcomes you believe are not being met
• The support you believe is required

and

Indicate if you are/ your child is receiving any support from services such as:

•  Local authority Services (eg. Inclusion Partner or Engagement Facilitator)
• Health Professionals
• Social Care
• Outside services/agencies

You must complete the permissions form and attach it with your request, alongside supporting evidence

By signing the permissions form, this enables the local authority to contact the education setting and any involved professional or service for additional information.  The education setting will be asked to provide the education information (as explained above)

There is a legal timeframe for the local authority to decide whether to carry out an assessment (6 weeks) and if the local authority agree to carry out the assessment, it is 20 weeks which includes the initial 6 weeks.  The local authority will write to parent and school and outline their decision.   If the local authority refuse to carry out the assessment, the parent must follow the process to appeal.  The school can give parent guidance on what to do, but ultimately it is the parents responsibility to appeal the decision. 

Permissions form

It is very helpful if a Permissions formis sent in with all requests for an EHC needs assessment.  The Permissions form must have a handwritten signature for it to be accepted by the local authority.   

If you request an EHC needs assessment for your child then you will need to give consent to share information about your child with relevant people in health, education and social care. This will be discussed with you further if you contact the local authority to request an EHC needs assessment.

The permissions form supports SEND Operations Service to make the EHC needs assessment process run more smoothly.  Any personal information collected by the local authority will only be used for the purposes of co-ordinating the assessment process and planning and providing support.

All information will be held securely and retained only for as long as is necessary. You can find out more about how the Essex Local Authority look after your information on the Essex County Council website.

Supporting Evidence

Requests for EHC needs assessments should be made to the local authority (LA) you live in, even if your child goes to school in a different LA. If your home LA decides it will issue your child with an EHC plan, the home LA (not the school LA) will be responsible for securing provision in it.

Every local authority have a statutory SEND Service.  In Essex, this team is called the SEND Operations Service.   The SEND Operations Team have four area offices and any requests should be sent by email to either:-

Mid

Covering the areas of: Braintree, Chelmsford, Halstead and Maldon

Email: EHCRequestMid@essex.gov.uk

Tel: 0333 013 9949

South

Covering the areas of: Basildon, Billericay, Brentwood, Castle Point, Rochford and Wickford 

Email: EHCRequestSouth@essex.gov.uk

Tel: 0333 013 4736

North East

Covering the areas of: Colchester and Tendring

Email: EHCRequestNorthEast@essex.gov.uk

Tel: 0333 013 7667

West

Covering the areas of: Epping, Harlow and Uttlesford 

Email: EHCRequestWest@essex.gov.uk

Tel: 0333 013 9911

The LA has 6 weeks from the date they receive your request to decide whether to carry out an assessment or not. They will need to gather information in order to make this decision.

The LA will acknowledge receipt of your request and ask you to send in your views and any further information you have to support your request. There is nothing to stop you sending in additional information with your request so if you have any evidence you feel would support your request, i.e. the level of support they already have, any reports from school, professionals, such as therapists or psychologists, please attach copies with your request.  You may have letters about suspensions or exclusions or Team around the Family (TAF) minutes, these too might be helpful to include.

After 6 weeks 

The local authority will write to you with their decision to either:-

agree to carry out the assessment or

refuse to carry out the assessment

• If the local authority made the decision within 6 weeks not to carry out the assessment, you will be given your right to appeal this decision to the first tier tribunal service.  You can reapply for an assessment at any time. 

• If the full 20 week assessment was carried out and the local authority decided not to issue an EHC plan, you will be given your right to appeal to the First Tier Tribunal - this is called a 'Refusal to Issue'. 

The local authority might decide that your child does not need an EHCP. They usually decline EHCPs when they think SEN support in school is enough to meet your child’s needs.  

You can speak to the SEN Co-ordinator and discuss the assessment report and any recommendations for your child's SEN support and check whether they can or cannot provide what has been identified.

You can also ask the school if they agree with the local authority decision and if you they think you can appeal the decision (you can appeal local authority decision without schools support).

If you decide to reapply for an EHC Needs Assessment, you must wait at least 6 months so that the recommended SEN Support can be implemented and for the provision to be monitored and reviewed.  

SEND Reg 24 Where a local authority receives a request to re-assess a child or young person in accordance with section 44(2) of the Act it does not need to do so where— (a) it has carried out an assessment or re-assessment within the period of six months prior to that request, or (b) it is not necessary for the authority to make a further assessment.