If you believe that your child has special educational needs and disabilities (SEND), you are a young person and you think you have SEND, or a professional at a school or other educational institution has advised that you or your child may have SEND, then requesting an EHC needs assessment is something that should be considered.

How do I go about requesting an EHC needs assessment?

A request for an EHC needs assessment must be made to your local authority, in order to obtain an EHC plan. A child’s parent, a young person or a person acting on behalf of a school or post 16-institution are the only persons permitted to make a request. Once it has been received, a local authority has a maximum of six weeks (though there are some limited exceptions to this time frame) to decide whether to conduct an assessment and notify parties of its decision. A local authority has a duty to consult a child’s parents or the young person before making a decision. 

When determining whether an EHC needs assessment should be carried out, local authorities are required to consider the legal test for an EHC needs assessment by asking themselves the following questions set by law:

• whether the child or young person has or may have special educational needs; and

• whether it may be necessary for special educational provision to be made through an EHC plan

There is an additional element for those young persons over 18 years old. A local authority must consider whether he or she requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete his or her training. 

What do I do if my local authority decides not to assess for an EHC plan?

If it decides not to assess, it must state why it has come to its decision and inform parents or the young person of their right of appeal to the first tier special educational needs and disability tribunal (SEND Tribunal). There is a period of two months from the date of the decision letter parents or the young person receive from the local authority, or one month from obtaining a mediation certificate, whichever is later, to send an appeal form to the SEND tribunal. 

A decision by the local authority not to assess for an EHC plan does not mean that a child or young person does not have needs that need to be met under an EHC plan. It does not mean that the answers to both of the questions are not yes. It is often the case that local authorities will issue a refusal to assess, expecting those with parental responsibility or young people not to pursue an appeal even though the legal test may have been met. In other cases, the local authority may not have been provided enough evidence or it is applying a blanket policy that is unlawful. 

If you would like assistance with appealing a decision by a local authority to refuse to assess for an EHC plan, please contact Thomas Emmett on 01245 453847 or email  thomas.emmett@birkettlong.co.uk. 

If you would like to instruct us, you will need to send us all the documentation you have about your child, to enable us to consider your appeal. We will advise you on the likelihood of success and any further evidence you may need to make a successful appeal, including any additional expert assessments. As well as making the appeal, we will be able to speak to the local authority on your behalf in order to try and secure a change of decision before a date for a hearing at the SEND Tribunal is set.