Definition
An EHC needs assessment is the local authority's statutory process under section 36 of the Children and Families Act 2014 for gathering professional advice and deciding whether a child needs an EHCP. The full statutory timeline from request to issue of a final plan is 20 weeks.
In context for parents
Key checkpoints
- The statutory process for deciding whether a child needs an EHCP, under Children and Families Act 2014, s.36.
- 20-week timeline from the day the LA receives the request to the issue of a final plan.
- LA has six weeks to decide whether to proceed (s.36(8)); a refusal carries a right of appeal to the SEND Tribunal.
- Parents can request assessment themselves; school permission is not required.
- Statutory test is the low "may need" threshold, not "definitely needs" or "all options exhausted".
The clock is twenty weeks, set out at section 36(10) of the Children and Families Act 2014 and regulation 13 of the SEND Regulations 2014, and starts the day the LA receives the request, not the day they acknowledge it. The LA has six weeks to decide whether to proceed (s.36(8)), and you have a right of appeal to the SEND Tribunal if they refuse. Parents can request the assessment themselves (s.36(1)); you do not need the school's permission, despite what some letters home suggest.
The legal test for whether to assess is set out at section 36(8): the LA must assess if the child may have special educational needs and may need special educational provision through an EHCP. The "may" threshold is deliberately low: it is not "definitely has" or "we are sure". The tribunal applies the low threshold; LAs frequently apply a higher one in their refusal letters.
In practice, three pieces of evidence move the needle most in a request letter: a recent EP report, a current paediatric or specialist letter, and one document from the school showing what has already been tried under SEN Support and that it isn't enough. Many parents send a one-page request; the cases that succeed first time tend to send 5–10 pages with the evidence attached.
If the LA agrees to assess, six advice strands are statutory: EP, school, parent, child or young person, health (paediatric), and social care. The LA can also obtain SaLT, OT, physio, or specialist teacher advice and must do so where the child's needs include them.
Related terms
The terms parents most often see alongside EHC Needs Assessment.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
Refusal to Assess
A local authority's decision not to carry out an EHC needs assessment after a request. Parents have a statutory right to appeal a refusal to assess to the SEND Tribunal.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Local Authority(LA)
The council responsible for arranging and funding the special educational provision in a child's EHCP. The LA is the legal duty-holder, not the school.
Educational Psychologist(EP)
A qualified psychologist who works with children, families, and schools to assess learning, development, and social-emotional needs. EP advice is a statutory part of EHC needs assessments.
Where parents ask about this
Parents usually find this page after a school has said "we can't request the assessment for you", after the LA's refusal letter has landed and the 2-month appeal clock has started, or before drafting the request letter itself. Searches include "how to request an EHC needs assessment", "EHCNA refusal appeal", and "what evidence for EHCP assessment". A Beaakon SEND solicitor or advocate can review your evidence, draft the request letter so the LA cannot reasonably refuse, and if they do refuse, build the tribunal appeal, well within the two-month appeal window.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, sections 36 and 51
- The Special Educational Needs and Disability Regulations 2014, regulation 6 (advice) and regulation 13 (timeline)
- SEND Code of Practice (DfE / DoH 2015), chapter 9
- IPSEA: model request letters and case law
- First-tier Tribunal (Special Educational Needs and Disability) procedure rules