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An EHC needs assessment is a statutory process carried out by the local authority to determine whether a child needs an EHCP. This guide explains what the assessment involves, who provides advice and what happens after the assessment.
An EHC needs assessment (also called a statutory assessment) is the formal process through which a local authority determines whether a child or young person needs an Education, Health and Care Plan. It is triggered by a request from the child’s parents, the school or another person acting on the child’s behalf. The assessment involves gathering evidence from multiple professionals and from the child and family, and results in a decision about whether an EHCP should be issued. Understanding the statutory assessment process helps schools, families and SEN professionals support children through it effectively.
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A request for an EHC needs assessment can be made by the child’s parents or carers, the school or early years setting, a young person aged 16 or over or any other professional working with the child who believes a statutory assessment may be needed. The local authority cannot refuse to consider any request. They must respond within 6 weeks, informing the requester whether they will carry out an assessment or not.
In deciding whether to carry out an assessment, the local authority considers whether the child has or may have SEN; whether they may need special educational provision to be made through an EHCP; and what has already been done for the child and what the outcomes have been. Evidence from the school’s graduated approach records, including assessments, provision maps and review notes, is important in supporting a request for assessment.
If the local authority agrees to carry out an EHC needs assessment, they must seek advice from a specified range of professionals and individuals. These include: the child’s school or educational setting; an educational psychologist employed by or commissioned by the local authority; a health professional nominated by the relevant clinical commissioning group or ICB; a social care professional where relevant; the child’s parents or carers; the child or young person themselves; and any other professional the local authority considers relevant. Each professional has 6 weeks to provide their advice.
The educational psychologist’s advice is typically the most significant single piece of evidence in an EHC needs assessment. Educational psychologists assess the child’s cognitive profile, learning needs, emotional wellbeing and the educational provision required to meet those needs. Their report typically includes observations of the child in school, standardised assessments of cognitive ability and attainment, and specific recommendations for provision. The quality of the EP advice significantly influences whether an EHCP is issued and what it contains.
Following the assessment, the local authority issues a draft EHCP if they have decided that an EHCP should be issued. Parents and the young person have 15 days to comment on the draft. The final EHCP is then issued within the 20-week overall deadline. If the local authority decides not to issue an EHCP, they must inform the family of their right of appeal to the SEND tribunal. In London, where EHCP appeals are particularly common, many families do challenge refusal decisions.
London local authorities face significant pressure in managing EHC assessment demand. The volume of EHC assessment requests has grown substantially in recent years across all London boroughs. Many boroughs face challenges in meeting the 20-week statutory deadline, and delays are a common source of complaint from London families. Families experiencing delays should seek advice from SENDIASS and should document their communications with the local authority carefully.
For related information see our articles on How to Apply for an EHCP and SENCO Role Explained.
A statutory EHC needs assessment is the formal process through which a local authority determines whether a child needs an EHCP. It involves gathering advice from multiple professionals including an educational psychologist, the school, health professionals and the family. The full process from request to EHCP issuance must be completed within 20 weeks.
The local authority must decide within 6 weeks of a request whether to carry out an assessment. If they proceed, the full EHC needs assessment process including issuing the final EHCP must be completed within 20 weeks of the original request. In London, many local authorities struggle to meet the 20-week deadline due to high demand.
If the local authority decides not to carry out an assessment or not to issue an EHCP following assessment, families have a right of appeal to the SEND tribunal. Appeals must be lodged within 2 months of the decision. SENDIASS provides free advice to families considering an appeal. SEN solicitors can also advise and represent families at tribunal.
Visit our SEN London Resource Hub for more guides on EHCP rights, SEN legislation, staffing costs, agency use, Ofsted expectations and borough-by-borough funding variations across the capital.
The information in this article is provided for general guidance only and does not constitute legal or professional advice. Legislation, funding and local authority policies change: always verify current requirements with the relevant authority. SENDhelp Education Limited accepts no responsibility or liability for any loss or damage arising from reliance on this content. Any links to third-party websites are provided for convenience only and do not constitute endorsement of their content.
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