An Education Health and Care Needs Assessment (EHCNA) is an assessment of your child or young person’s education, health and care needs. It is the first step to getting an Education, Health and Care plan (EHCP). 

An EHCP maybe necessary when, where, despite the school having taken relevant and purposeful action to identify and meet a child / young person's Special Educational Needs, and expected progress is not being made, an EHC Needs assessment maybe appropriate. 

When considering making a request for an EHC Needs Assessment, it is important to look at what SEN Support has been implemented and if advice has been sought from the outreach (advisory) teams.  

Early Years 0 to 5 | Central Bedfordshire SEND Local Offer 

Inclusion Outreach and Training | Central Bedfordshire SEND Local Offer 

Schools have a legal duty to use their “best endeavours” to make “reasonable adjustments” to secure special educational provision for all children they are responsible for. 

(Equality Act 2010 & Children and Families Act 2014 section 66)   

See our SEN support page for further guidance. 

When the local authority determines whether to agree an EHC Needs Assessment, it is based on two tests from the Children’s and Families Act 2014 (section 36)

MAY have special educational needs

and 

MAY require special educational provision to such that requires an EHCP. 

When the Local authority (LA) is requested to carry out an EHC needs assessment (EHCNA) by a parent, young person, school or college, it must consider:

whether the child or young person has or may have special educational needs (SEN)

and

whether they may need special educational provision to be made through an EHCP.

If the answer to both of these questions is yes, the LA must carry out an EHC needs assessment.

This test is set out in the law (section 36(8) of the Children and Families Act 2014).

The SEN and Disability Code of Practice 2015 (the Code), is statutory guidance issued by the government, contains further detail on what LAs should consider.

Paragraph 9.14 of the Code states...

“the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress”.

The Code says LAs should pay particular attention to:

• • evidence of your child's academic attainment (or developmental milestones in younger children) and rate of progress

  • information about the nature, extent and context of your child's SEN

  • evidence of the action already taken by the school or other setting to support your child

  • evidence that where progress has been made, it has only been as the result of lots of intervention and support over and above what is usually provided for children of the same age, and

  • evidence of your child’s physical, emotional and social development and health needs, taking into account relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies.

These are important considerations for the LA to take into account when deciding whether the legal test for an EHCNA needs assessment is met, but it is important to know that they are not legal requirements, and they do not form part of the legal test itself.

We would always recommend working with the SENDCo at your child / young person's education setting when making a request for an EHC Needs Assessment. 

Click the link for guidance for professionals on requesting EHC Needs Assessments.

 Education Health and Social Care Needs Assessments (EHCNA) | Central Bedfordshire SEND Local Offer 

You can still apply for an EHCNA even if your child’s school does not agree that it is needed.

You should make a written request and keep a copy of your letter.

Your letter should set out:

why you believe your child has or may have special educational needs

and

why you believe they may need special educational provision to be made through an EHCP.

In other words, you need to explain why you believe the legal test for assessment is met.

There is no particular form, format or method that is required in law to make your EHCNA request valid.

A request cannot be rejected on the basis that a specific method or form has not been used, nor can an LA insist that you speak with either the relevant educational setting or other services before making a request.

When it comes to writing the letter, you may find it helpful to use this template letter, EHCNAR letter template you should consider the following in relation to Special Educational Needs…

Evidence of the child or young person’s academic attainment (or developmental milestones in younger children) and rate of progress.

• In what ways does your child / young person struggle in school?
• What are their barriers to learning?
• What progress has your child / young person made in school?
• How is their learning ability?

Information about the nature, extent and context of your child or young person’s SEN.

• What is your child / young person’s behaviour like?
• How do they present themselves?
• Does their behaviour differ between school and home? 
• Does your child / young person have any social, emotional, and mental health difficulties?
  • If so, can you describe them and how this impacts them accessing education.
• Does your child / young person have any Sensory Needs?
  • If so, can you describe them and how they impact them accessing education.
• What does your child / young person enjoy and not enjoy in or about school? 
• How is your child / young person with their peer group?
• What is your child / young person’s communication and interaction like with peers and adults?
• How about socially?
• What support does your child / young person have in the classroom and the wider school?
• What impact does this have?
• How do you and your child / young person find the support in school?
• Has your child / young person had any suspensions or been on a reduced timetable? 
• How is your child / young person’s attendance?
• Can your CYP travel independently or with support?
  • Do they know how to do this?
  • Would they be able to use public transport?
  • Can they get themselves from A to B?
  • Do they have transport already?
• Does your CYP understand the use of money?
  • Can they use money independently or with support?
• Does your CYP know how to read the time?
  • Do they know about time management?
• Evidence of the action already taken by the school or other setting.
• Has the school discussed with you what they feel your CYP struggles with?

Evidence of the action already taken by the school / educational setting.

• Has the school discussed with you what they feel your child / young person struggles with?
  • Do they have a SEND support plan?
  • Has this been updated recently?
  • Have the targets been achieved?
• What SEN Support has been implemented and reviewed?
• What support do you and your child / young person feel they need at school? 
• Have they had any exclusions? How long for and what were the reasons?
• Has the school/college setting discussed anything that they feel your child or young person struggle with?

Evidence of the child or young person’s physical, emotional, and social development and health needs, drawing on relevant evidence from clinicians and other health professionals and what has been done to meet these by other agencies.

•  Has your child / young person been involved with any services or professionals, advisory services, such as the Outreach Teams?
• •  Has the advice been implemented and reviewed?
  •  Click the link for information on the Outreach services in Central Bedfordshire. CBC LO Outreach services

• Does your child / young person have any diagnosis?
  • If so, send the diagnosis letter with your request.
  • How does your CYP’s diagnosis affect them day to day?

A DIAGNOSIS IS NOT REQUIRED FOR SEN SUPPORT OR AN EHCP.

Evidence that where progress has been made, it has only been as the result of additional intervention and support over and above that which is usually provided.

• SEN Support plans, Plan Do, Review, Action

Click the links for further information.

• SEN support plan
• CBC SEND Local Offer - ADPR - Graduated Approach

Explain why you feel your child / young person needs an EHCP and how this will benefit them.

• Is there any other information you would like to add to your letter?
• SENDIASS can read your letter draft if you would like this – send to support@sendiass.co.uk
• When you are ready to submit you can email your letter and supporting evidence to ehcassessments@centralbedfordshire.gov.uk marked FAO Ms. Amana Gordon Director of Children’s Services

The LA must reply within six weeks to let you know whether it agrees to carry out an EHCNA.

This is set out in Regulation 5(1) of The Special Educational Needs and Disability Regulations 2014. 

The LA should always reply to you as a parent or young person – even where the request was made by the school or college.

You should make a note of the six-week deadline for the LA’s reply.

If the LA does not respond in time, you can take action.

Please see information on what you can do if your LA does not respond within 6 weeks.

Following the EHCNA process the LA will then make a decision to whether they feel an EHCP is necessary.

If the LA decides not to issue an EHCP, it must tell you within 16 weeks of the date when they received the request for the EHCNA. This is set out in SEND Regulation 10(1). 

You can appeal this decision to the SEND Tribunal.

If the decision is to issue an EHCP, a draft plan must be issued for you to review and comment on.

See our EHCP draft check guidance for further information on how an EHCP should be written. EHCP DRAFT CHECK GUIDANCE

(If you are requesting a change of school placement, you should do this when you respond to the draft plan) 

It must then send the final EHCP to you within 20 weeks from the date the EHC needs assessment was requested. This is set out in SEND Regulation 13(2).

There is no deadline for the LA to send the draft plan.  However, in order to meet the deadline to send the final plan, it would need to send out the draft a maximum of 14 weeks from the date the assessment was requested.

EHCNA Timescales

If the LA refuse to assess, it will write to you and let you know the reasons for its decision. 

The decision letter must be dated and provide you with information on rights to appeal. 

You can request a way forward meeting with your allocated EHCP Coordinator. The details will be on the letter. 

The Way forward meeting is not a statutory requirement and the EHCP Coordinator cannot change the decision.

If you wish to appeal the decision, SENDIASS can support you with this. 

Please see our appeals page for further information. 

The LA carry will out the assessment. During the assessment, the LA must seek information and advice on: 

•        your child or young person’s needs
•        the provision required to meet those needs, and 
•        the outcomes expected to be achieved by your child or young person.

The LA has a legal duty to carry out the assessment process. It cannot ask a school or college to carry out the assessment for it.

Who should be asked for advice?

The list of people the LA must get advice and information from during an assessment is set out in Regulation 6(1) of The Special Educational Needs and Disability Regulations 2014 (The SEND Regulations 2014):

•   you, as your child’s parent or as a young person
•   educational advice (usually from the head teacher or principal)
•   medical advice and information from a health care professional
•   psychological advice and information from an educational psychologist
•   advice and information in relation to social care
•   advice and information from any other person the local authority thinks appropriate
•   where your child (or you as a young person) is in or beyond year 9, advice and information in relation to provision to      assist your child/you in preparation for adulthood and independent living, and
•   advice and information from any person you reasonably request that the local authority seek advice from.

The LA is legally required to get all of this information as a minimum. 

If your child (or you, as a young person) is hearing impaired and/or visually impaired the educational advice must be given after consultation with a suitably qualified person. This is set out in SEND Regulation 6(2).

The LA should consider whether a full social care assessment or health assessment is also needed. It is best to ask for social care and health assessments separately to ensure the request is received.

Who provides the educational advice when a child or young person is not in school or college? 

The LA must obtain educational advice and information from the head teacher or principal of the school or institution your child or young person is “attending”. If they are not attending temporarily for a short period of time, for example due to a short fixed-term exclusion/suspension or illness, the LA can usually still get this information from the school they are registered at. 

As above, it must cover 

• your child or young person’s needs
• the provision required to meet those needs, and 
• the outcomes expected to be achieved by your child or young person. 

Where the LA cannot get educational advice and information from the head teacher or principal, it must obtain it from a person it is satisfied has experience of teaching children or young people with special educational needs, or knowledge of the differing provision which may be called for in different cases to meet those needs. 

If the LA cannot do this and your child or young person is not currently attending a school or institution, it must get the educational information from the person responsible for their educational provision. 

The law on who the LA must obtain educational information from in an EHC needs assessment is set out in SEND Regulation 6(1)(b). 

Please see further information on children out of school, including their right to education, home education and education otherwise on IPSEA’s website.  

Can parents or young people ask for advice from a particular person?

You can request the LA seeks advice from anyone within education, health or social care, as long as it is a reasonable request, as set out in SEND Regulation 6(1)(h). This could include a speech and language therapist, occupational therapist, physiotherapist or someone from CAMHS (Child and Adolescent Mental Health Services).

A request would be considered reasonable where, for example, a child or young person has been identified as needing an assessment already and they are on a waiting list, or where the school, college or other professional has said this advice may be needed.

You can ask the LA to get advice from a particular type of professional (such as an occupational therapist with training in sensory processing difficulties), but it would not normally be reasonable to ask for advice from a named individual.

Equally, it’s not likely to be reasonable for you to request that information under SEND Regulations 6(1)(a)-(g) is sought from a named individual (such as an independent educational psychologist) rather than from the one proposed by the LA.

It is best to request in writing (either in a letter or an email) that a particular professional is approached, so that you have a record of your request. You can use IPSEA's template letter to do this.

The LA must consider the individual circumstances of your request and decide whether it is reasonable. It must not apply blanket rules, for example that it will not seek advice from a particular service unless the child or young person is already known to them.

If your LA does not agree to your request, you can take action by using IPSEA's template letter.

What if there are existing reports or advice?

The LA does not have to seek new advice where the same type of advice has already been provided for any purpose – for example, if there is already a recent educational psychologist’s report.

However, this exception will only apply if you, the person providing that advice and the LA are all satisfied that the existing advice is sufficient.

Previous advice can only be sufficient for an EHC needs assessment if it is relatively up to date and accurately reflects your child/yours’s current needs, the provision required to meet those needs, and the outcomes which this provision will aim to achieve. As a rough guide, an educational psychologist’s report which is over two years old will not usually be recent enough to be useful, but this will always depend on individual circumstances.

Can I submit my own reports?

Yes. If you already have your own advice and reports, these can be submitted as part of your own advice (remember that SEND Regulation 6(1)(a) says the LA must ask for your advice) to ensure that they form part of the assessment process. This evidence must then be considered when the LA makes its decision. 

We are aware that some LAs say they cannot consider private reports. This is not true. SEND Regulation 7(b) says that the LA must consider all information provided by or at the request of a child, parent or young person. 

The LA must send copies of your advice and information to all the other people from whom advice and information is being sought. This is set out in SEND Regulation 6(3).

What should the advice contain?

Paragraph 9.51 of the SEND Code of Practice 2015 (the Code) says

"advice should be clear, accessible and specific. In particular, it should address your/ your child’s needs, the special educational provision required to meet those needs, and the outcomes which this provision will aim to achieve".

LAs should not have policies stopping professionals from giving advice on the amount of provision required.

There is guidance for educational psychologists involved in EHC needs assessments, which makes clear that:

• their input must focus on the needs of the child or young person, be independent, and not be driven by financial or other constraints (paragraph 3.19)
• their advice should not be influenced by consideration of specific educational settings (paragraph 3.22)
• provision recommendations should be clear and specific enough so there can be agreement about whether or not they are being followed (paragraph 3.24)
• best practice would be to give robust advice leading to clear, specific and quantifiable provision (paragraph 3.27) and guidance should be provided in terms of ‘no less than’, ‘at least’ or ‘always’ (paragraph 3.28), and
• the expert should be given enough time and resources to provide advice.

The Code also says that the educational psychologist should consult any other psychologists known to be involved with your child or young person (paragraph 9.49). This will include for example a clinical psychologist. If they don’t do this, you should ask that they do.

When seeking advice and information in relation to social care, it is common for LAs to receive a response from social care stating, “not known to this service”. It is important to remember the LA must get information and advice from the list of professionals contained in SEND Regulation 6(1), which covers your/ your child’s needs, provision and outcomes.

A response stating “not known to this service” is not going to fulfil this duty. If you don’t want support from social care, you may be content with this, but if you do require support, you should insist on a fuller response. 

If you make a request under SEND Regulation 6(1)(h) for advice from a speech and language therapist, it will be helpful for you to know that guidance from the Royal College of Speech and Language Therapists makes clear advice should be based on an up-to-date comprehensive assessment of all areas of communication functioning, and that provision should be clearly specified and quantified, and should relate directly to the needs of the child or young person, not to the level of services available (see paragraph 9.4).

In addition to guidance for specific professionals, many health care professionals are bound by the standards set out by the Health and Care Professions Council. These standards can be relevant when they are providing advice as part of an EHC needs assessment. If a registered professional (such as an occupational therapist or speech and language therapist) identifies a special educational provision your child or young person needs, then states that a member of school staff, such as a teaching assistant, can deliver that provision, it may be helpful to refer to paragraph 4.1 of the standards. This states that professionals can only delegate work to people who have ‘the knowledge, skills and experience needed to carry it out safely and effectively’ and the professional must ‘continue to provide appropriate supervision and support to those they delegate work to’. This appears to imply that if your child’s provision is to be delivered by somebody other than the health care professional who identified the need for it, there should also be an explanation of how this person will be trained and supported, and the arrangements for supervision. 

If you feel the EHC needs assessment is not being carried out properly, you can use IPSEA's template letter to take action. This includes where the advice you receive does not specify your/your child’s needs, provision and outcomes. Your LA should then go back to the professional concerned and ask them for advice which complies with SEND Regulation 6(1) and the relevant guidance.

How should your LA involve you and your child?

As well as the duties relating to advice and information, the LA must:

• consult with you and your child.  It must take into account your views, wishes and feelings
• consider any information that you provide 
• engage you and your child and ensure that you are able to participate in decisions, and
• minimise disruption for you and your family.

This is set out in SEND Regulation 7.

Your LA must also consider whether you need any information, advice and support, so that you are able to fully take part in the EHC needs assessment. If you do need help, then this must be provided. This is set out in SEND Regulation 9.

How long will this take?

Certain people and bodies (such as a local NHS service) asked for information and advice must respond within six weeks. This is set out in SEND Regulation 8(1) and paragraph 9.52 of the Code. The only exceptions to this are if:

• during that six week period, exceptional circumstances affect you or your child
• you or your child are away for a continuous period of not less than four weeks, or
• you fail to keep an appointment for an examination or a test.

The LA must either decide not to issue an EHCP within 16 weeks of the date your EHC needs assessment request was received, or (if a plan is to be issued) to issue a final EHCP within 20 weeks of that date. These are legal duties which must be complied with. 

If the LA is genuinely unable to get one of the necessary pieces of advice during the time frame in its usual way, it should consider alternative ways of getting the advice (for example, getting an independent report).

Following an EHC needs assessment, when does the LA have to issue an EHCP?

The LA must decide whether the advice and information gathered during the EHC needs assessment shows that it's necessary for your child or young person to have an EHCP. If it does, then it must issue an EHCP. This is set out in section 37(1) Children and Families Act 2014.