What is an EHC Needs Assessment?

An EHC Needs Assessment (EHCNA) is an assessment undertaken by a local authority of a child (up to age 25) with learning difficulties or a disability to establish the education, health and care needs of that child.

Should an EHCNA establish that a child’s education, health and care needs require greater support and provision than what can ordinarily be offered in a mainstream setting, this should lead to an Education, Health and Care Plan (EHCP) being awarded. 

 

What evidence do I need for my local authority to undertake an EHCNA?

The law provides that a local authority must carry out an EHCNA if it is demonstrated that:

1. the child has or may have special educational needs; and

2. that it may be necessary for special educational provision to be made for the child in an EHCP. 

 

What is an EHCP?

An EHCP is an Education, Health and Care Plan.

An EHCP is a legally binding document which details a child ’s special educational needs and disabilities (SEND) and sets out in detail the support and provisions (outside of what can be offered in a mainstream setting) that the child requires in order to access an appropriate education. 

The local authority has a legal duty to ensure that everything outlined in an EHCP is delivered to the child.

 

My child is struggling, how long should the EHCP process take?

A local authority has 20 weeks from the date it receives a request for an EHCNA to issue a final EHCP.

 

What support should my child be receiving in school, without an EHCP?

All mainstream settings should provide additional support to SEND children, even if they do not have an EHCP. 

Most importantly, every school is required to identify and address the SEND of their children and use their ‘best endeavours’ to make sure that a child with SEND gets the support that they need, ensure that they engage in the activities of the school alongside children who do not have SEND, designate a teacher responsible for coordinating SEND provision and inform parents when they are making special educational provision for a child. 

In practice, without an EHCP, schools struggle to implement this additional support due to lack of funding and available resources.

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Can I appeal my local authority’s decision?

You can appeal to the Special Educational Needs and Disability Tribunal if you disagree with a decision that your local authority had made in the following circumstances:

• Your local authority has refused to carry out an EHCNA (or re-assessment).

• Your local authority has refused to create an EHCP after carrying out an EHCNA (or re-assessment).

• You disagree with the provisions set out in sections B, F and I of the EHCP.

• Your local authority decides that an EHCP is no longer required.

In most cases, you also have the option to mediate in an attempt to resolve the above, albeit mediation is not compulsory.