Refusal to carry out an EHC needs assessment

Cambridgeshire County Council v FL-J [2016] UKUT 0225 (AAC): The test for carrying out an EHC needs assessment is “provisional and predictive” – it simply needs to be shown that the child or young person may need support at a level which the school or other setting is unable to provide without an EHC plan.

Buckinghamshire County Council v HW (SEN) [2013] UKUT 0470 (AAC): When considering whether to assess, the test is whether it may be necessary for support to be provided through a Statement or an EHC plan; necessary means “somewhere between indispensable and useful or reasonable”. An LA must consider not only the present situation but also take into account future changes such as an upcoming change of school.

MC v Somerset County Council (SEN) [2015] UKUT 0461 (AAC): An EHC needs assessment may be necessary in order to access enforceable rights – for example, where a school could theoretically do more to support a pupil but is unable or unwilling to do so, and so an EHC plan is necessary to access that support.