Does my child’s school have to spend £6,000 on provision before we can request an EHC needs assessment?

No. Your local authority (LA) must carry out an EHC needs assessment if:

• your child has or may have special educational needs, and
• it may be necessary for them to have an education, health and care (EHC) plan   

This is set out in section 36 (8) Children and Families Act 2014 

This legal ‘test’ sets quite a low threshold, however many LAs have policies which set the threshold higher than the law. Common examples include policies which require a report from an educational psychologist or other professional, or for the parent or school to show that a particular sum of money (often £6,000) has already been spent on SEN Support. These are unlawful requirements.

Schools do not often know the law, so often believe the LA’s policy ‘trumps’ when it does not.

You can request an EHC needs assessment yourself and you should do so if you feel your child needs one.  We have a model letter which you can use to help you do this. Our page about asking for an EHC needs assessment has further information which you should find helpful. Once you send in your request the LA must respond to it within six weeks. This is set out in Regulation 5(1) of The Special Educational Needs and Disability Regulations 2014.

If your LA refuses to assess, it must explain your right to appeal to the SEND Tribunal in the refusal letter. Refusal to assess appeals are usually decided on the paperwork (if you agree) so you do not have to go to a hearing. The SEND Tribunal must decide the case based on the law and the evidence put before it, not what the LA’s policy says. You must consider mediation and get a mediation certificate before you can appeal to the SEND Tribunal, but you do not have to take part in mediation if you do not wish to. The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. You can find out more on our pages about appealing to the SEND Tribunal.

Refusal to assess appeals are one of the most common types of appeal made to the SEND Tribunal and they have a high success rate in favour of parents and young people.