Updated August 2024

We are aware of local authorities (LAs) streamlining their education, health and care (EHC) needs assessment processes using a variety of methods, including digital platforms and specific forms. Whilst this is not necessarily problematic, it is important for you to know that there is no particular form, format or method that is required to make a valid EHC needs assessment request in law. This means you can choose how to make your request, and it cannot be rejected because you have not used a certain method. Also, your LA cannot insist that you speak with your child or young person’s educational setting, or other services, before making a request.

When considering a request, your LA must apply the legal test set out in section 36(8) of the Children and Families Act 2014 (CFA 2014). This says it must carry out an assessment where:

• your child or young person has or may have special educational needs (SEN); and
• they may need special educational provision to be made through an EHC plan.

Forms which limit the information that can be included within a request, or which prevent your LA from gathering all of the information it needs to apply this legal test properly can be a problem. Forms which suggest that requests will not be considered unless certain information or evidence is supplied (e.g. a costed provision map, or evidence of a certain number of terms’ worth of SEN Support) would also be unlawful. Additionally, the law says your LA must consult with you before making a decision. This is set out in section 36(4) CFA 2014 and in Regulation 3 of The Special Educational Needs and Disability Regulations 2014. If consultations are carried out in a limited way, or not at all, this can also lead to unlawful “refusal to assess” decisions.

You can take a look at our page on asking for an EHC needs assessment for advice on how to make a request and what to include, including a link to our template letter that can be used for making a request. As you will see, it is advisable to try to get the support of your child or young person’s educational setting where possible and to make the request in writing, but these are not legal requirements.

If you are appealing against a refusal to carry out an EHC needs assessment, you may find our refusal to assess pack helpful.