The EHC needs-assessment process
An EHC needs assessment is the local authority’s process for finding out a child or young person’s education, health and social-care needs. The initial legal test is whether they have or may have SEN and whether it may be necessary for special educational provision to be made through an EHC plan.
Practical guidance for families in England
Make a clear request
Send the request through the council’s published route. Identify the child or young person, setting, needs and support already tried. Explain why provision through a plan may be necessary. Attach relevant existing evidence and keep proof of receipt. The authority normally has six weeks to decide whether to assess.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Know what advice should be gathered
The assessment involves advice from the parent or young person, the education setting, an educational psychologist, health and social care, together with other advice required by the regulations. Explain relevant communication, sensory, care and preparation-for-adulthood issues. Existing advice can sometimes be used where the legal requirements about its sufficiency are met; assessment does not always mean every professional repeats an examination.
Contribute information professionals may not see
Give dated examples across home, education and community life. Describe the support needed to participate, the frequency and duration of difficulties, and the effect of successful support. Ask for communication adjustments so the child or young person can contribute. Identify missing evidence early and ask the case officer who will obtain it.
Track the two later decisions
After assessing, the authority decides whether it is necessary to issue a plan. A refusal to issue is normally notified by week 16. If a plan is to be issued, you receive a draft and at least 15 days for representations. The final plan is normally due within 20 weeks of the original request, subject to specified exceptions.
Use a short assessment log
Record: request received; six-week decision due; advice requested and received; missing evidence; decision whether to issue; draft response date; and final-plan deadline. For each missing report, note why it matters and the action requested. Keep correspondence factual and send reminders by a route that records delivery.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
Challenge the right decision
A refusal to assess and a refusal to issue are different decisions with different legal tests. Ask for the written reasons and evidence relied on. Read the appeal and mediation information promptly. A complaint about delay can be useful, but does not replace an appeal against an appealable decision or stop its deadline.
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Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
Frequently Asked Questions
Must I have a diagnosis before requesting assessment?
No. The statutory test can be met where the child or young person may have special educational needs.
Can a shortage of professionals simply extend the deadline?
Staffing difficulties are not a general exemption from the statutory timescales. Ask the council to identify any specific legal exception it relies on and explain the revised dates.
Must I buy a private report?
No. The authority has assessment duties. An independent report may help with a defined evidence gap, but paid evidence is not a prerequisite for a request.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.