If SEN Support in school (Chapter 1) isn't enough to meet your child's needs, the next step can be to ask the local authority for an Education, Health and Care (EHC) needs assessment. This chapter explains how that works and how to keep it on track.
1What is an EHC needs assessment?▸
It's a detailed assessment carried out by the local authority (LA) to work out a child or young person's education, health and care needs, and whether those needs call for support through an EHC Plan. The LA gathers advice from a range of people — including you — and considers it all together.
2Who can ask for one?▸
- A child's parent or carer.
- A young person aged 16–25 themselves.
- A school, college or setting the child attends.
- Anyone else can bring a child to the LA's attention (for example a health or early-years professional), and the LA can also decide to assess on its own.
Tip: put your request in writing (email is ideal) so you have a dated record. Include your child's difficulties, any diagnoses or reports, and why you think school-based SEN Support isn't meeting their needs.
3What is the legal test for getting an assessment?▸
The threshold is deliberately low.
The LA does not need to be certain your child needs an EHC Plan to agree to assess. It only has to consider that the child may have SEN and may need provision through a plan. Your child does not have to be a set number of years "behind", and there is no rule that they must have tried a fixed number of interventions first.
4How long should it take?▸
A decision to assess within 6 weeks; the whole process within 20 weeks.
- By week 6The LA must tell you whether or not it will carry out an assessment.
- Weeks 6–12If it agrees, the LA gathers advice from education, health and care professionals — and from you.
- By week 16The LA decides whether it will issue an EHC Plan, and tells you either way.
- Weeks 16–20If a plan is agreed, you receive a draft. You have at least 15 days to comment and to ask for a particular school.
- By week 20The LA issues the final EHC Plan (where one is agreed).
These timescales are set in law. If they slip without good reason, it's reasonable to chase in writing and, if needed, to complain.
5What if the LA refuses to assess?▸
A refusal is not the end of the road. When the LA declines to assess (or, later, declines to issue a plan), it must tell you about your right to appeal and about mediation.
- You can appeal to the SEND First-tier Tribunal — see Chapter 4.
- You generally have two months from the decision letter (or one month from a mediation certificate, whichever is later) to lodge an appeal.
- Many refusals are overturned on appeal, so don't be discouraged — gather your evidence and get support. PawSteps is here to help.
6What evidence helps?▸
Strong requests usually include a clear picture of need and of what's already been tried:
- Any diagnoses and professional reports (including private assessments — see Chapter 1, Q4).
- The school's SEN Support records: what's been put in place, for how long, and the impact.
- Attainment and progress data, and examples of your child's difficulties day to day.
- Your own account, and your child's views where possible.