Get information and support Free legal guides and template letters EHC plans, EHC needs assessments and appeals EHC needs assessments EHC needs assessment and plans FAQs My LA is saying that my child doesn’t need an EHC needs assessment, because the school should be relying on existing SEN funding streams, but this is not happening in practice. Is this lawful? The only legal test that the local authority (“LA”) should be applying when considering whether to carry out an education, health and care (“EHC”) needs assessment is set out at s. 36(8) CAFA 2014. Overemphasis on SEN funding policies may cause LAs to unlawfully refuse EHC needs assessments. If SEN Support appears inadequate for a child/young person, then an EHC needs assessment is likely necessary. The question is not whether the school could in theory use their SEN funding to meet the child/young person’s special educational needs, but whether that is happening in practice. Manage Cookie Preferences