An Education, Health and Care needs assessment (EHC needs assessment) is a process conducted by a local authority and is designed to identify a child’s or young person’s special educational needs and disabilities. It should also determine the level of support and the services required by the child or young person’s special educational needs. An EHC needs assessment is the first step to getting an Education, Health and Care Plan or an “EHCP”.

There are several reasons why you might consider making a request or applying for an EHC needs assessment. You or your child might have a physical or learning disability that means additional help in the classroom is needed. This might include specialist equipment such as communication aids or additional staff help. The latter may be on a 1 to 1 basis.

Another reason might be that you or your child have a medical condition that impacts on the ability to learn or attend school or another type of educational institution regularly. In these cases, not only will the educational needs assessment be important but also the assessment relating to health needs.

It could also be the case that you or your child have social, emotional or mental health needs that impact on your or your child’s ability to learn. Such needs include ADHD and anxiety.

It is important to recognise that parents, carers and young people are legally entitled to make an EHC needs assessment request/application themselves, without the need for assistance from a school, college or other educational institution. With that said, it is recommended that you speak to the school, college or other educational institution about the request/application before you make it as they may be willing to assist you and provide you with key information that may help with your request/application.

Making a request/application

When making a request/application it is important that you consider the correct legal test, set it out and apply it to your individual circumstances in the request/application. This is helpful because unfortunately it is not uncommon for local authorities to rely on their own policies or criteria (often applied by so called “panels”) which are often stringently applied and can create higher thresholds for an EHC needs assessment than that which is provided by law (which is itself unlawful). This can lead to local authorities incorrectly turning down EHC needs assessment requests/applications.

The key to meeting the legal test set out in the Children and Families Act 2014 for an EHC needs assessment is evidence. We have significant experience in putting together successful requests/applications for EHC needs assessment. We can advise on whether there is sufficient evidence available to meet the legal test and if there is, we can assist by drafting an EHC needs assessment request/application on a fixed fee basis.

EHC Needs Assessment Request - Fixed fee service

The Education Team at Birkett Long believe that certain legal assistance relating to the EHCP process should be provided on a fixed fee basis. One of those services is the preparation of EHC needs assessment requests. This gives individuals and families access to the legal advice and support they need with cost certainty in mind.

Our fixed fee for:

1. Taking detailed instructions from you;
2. Reviewing all your evidence;
3. Preparing a first draft of the EHC needs assessment request and sending it to you for your review and comment;
4. Making any necessary or desirable adjustments to the EHC needs assessment request based on your comments; and
5. Sending the EHC needs assessment request to the local authority,

is £1,000 plus VAT (totalling £1,200).

If you would like to benefit from our fixed fee service, please fill out the below form, or contact Thomas Emmett, Head of Education Law, at thomas.emmett@birkettlong.co.uk or on 020 4586 1281.