When must a local authority carry out an EHC needs assessment?
Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel of Boyes Turner
When must a local authority carry out an EHC needs assessment?

The following Local Government practice note Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel of Boyes Turner provides comprehensive and up to date legal information covering:

  • When must a local authority carry out an EHC needs assessment?
  • The Local Offer
  • What is the statutory test?
  • Does the child/young person have, or may the child/young person have, a learning difficulty?
  • Is special educational provision required, or might it be required?
  • Is the difficulty a ‘learning’ difficulty?
  • Determining the ‘threshold’ for carrying out an EHC assessment
  • Has there been relevant and purposeful intervention to address the child’s SEN? Despite this, is it the case that the child is not making adequate progress?
  • What triggers the obligation/Who can make the request?
  • Does the child live in the area?
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

Under the reform introduced by the Children and Families Act 2014 (CFA 2014), statements of special educational needs (SEN) were being replaced with Education, Health and Care (EHC) plans for children and young people with the most complex special educational needs and disabilities. Unlike statements, EHC plans are available for children and young people from the ages of 0–25, where education provision is required.

CFA 2014, s 36(2) defines an ‘EHC needs assessment’ as:

‘An assessment of the educational, health care and social care needs of a child or young person.’

This provision, along with the other sections of CFA 2014 which address EHC assessments, are heavily supplemented by the Special Educational Needs and Disability Regulations 2014, SI 2014/1530 and the SEND Code of Practice 2015 (COP), in particular Chapter 9, which concerns EHC needs assessments.

Chapter 5 of the COP makes clear that an EHC needs assessment

Popular documents