Applying for a Needs Assessment

There are 2 tests in law that a Local Authority must apply when requested to carry out an EHCP needs assessment.

• The Child or Young Person has or may have special educational needs

AND

• it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

The Local authority should pay particular attention to certain considerations such as what action has already been taken by the school to support your child, evidence of progress (academic), their Social and Emotional development, and the nature of their Special Educational needs. Although these are important considerations they do NOT form part of the legal test.

It would be unlawful for an LA to refuse to carry out an EHCP needs assessment based on any other conditions other than the 2 legal tests.

• Does the child or young person have a learning difficulty or disability?
• Does that learning difficulty or disability call for special educational provision to be made?

If the answer to both these questions is yes then your child or young person has Special Educational Needs. This would require their school to put in support to meet those needs.

If your child has or may have SEN and you feel that their needs cannot be met with the usual SEN support in their school then you can apply for an EHCP needs assessment. You can do this yourself or the school can do this on your behalf. If your child is over compulsory school age they can apply for this themselves.

It would be useful to speak to the school or college first and where possible get their support. The school or college may advise you that they do not feel that your child will be entitled to an EHCP but this could be because they do not fully understand the legal test and may be following Local authority policies. You can still apply for an EHCP needs assessment if your child's school does not agree.

You should put your request in writing to the Local Authority, you should be able to find the details on the LA website. The website should outline the process for applying and who to send it to but if you are in any doubt you can call the Local Authority and ask them who the most Senior Officer is and send the written request to them. It would usually be the Director or Head of Childrens Services. Some local authorities use digital forms or platforms for applying but they cannot refuse a request if you choose not use these methods.

Make sure you put the request in writing and make a note of the date you sent it. You should also clearly outline why you believe your child has SEN and why you believe they need an EHCP. If possible you should provide as much evidence as you can.

The Local authority MUST respond within 6 weeks to advise whether they are going to carry out a needs assessment, if they don't you should take action.

If the LA response is that they are not going to assess they should send you a letter outlining your rights to appeal and details of an independent mediation service for you to contact. The deadline for appealing is 2 months from the date of the letter OR 1 month from the date of the Mediation Certificate (whichever is later).

If the LA response is that they are going to carry out a needs assessment, this will now progress.