Est. 2019

EHCP Assessment Process

The EHCP assessment process, formally called an Education, Health and Care Needs Assessment (EHCNA), is the statutory process used by local authorities to determine whether a child requires an Education, Health and Care Plan.

The assessment is established under Section 36 of the Children and Families Act 2014 and forms the gateway to statutory support for children and young people with special educational needs and disabilities (SEND).

Its purpose is to examine:

the child’s special educational needs
the provision required to meet those needs
whether that provision must be secured through a legally enforceable Education, Health and Care Plan.

Although the process can appear technical, it follows a clear statutory structure with defined stages and strict legal time limits.

Understanding how the assessment works helps families recognise when the correct legal threshold has been applied and when further steps may be necessary.

When an EHCP Assessment May Be Needed

Most children with special educational needs receive support through SEN Support within school.

Schools are expected to identify needs early and provide targeted support through the assess–plan–do–review cycle.

However, an EHC needs assessment may be appropriate when a child’s needs appear to require provision beyond what the school can reasonably provide from its own resources.

This may arise where:

progress remains limited despite significant SEN support
multiple professionals are involved in supporting the child
specialist therapies or interventions are required
learning difficulties are complex or long-term
educational needs affect multiple areas of development.

Importantly, the legal test for assessment is not whether a child definitely requires an EHCP.

Instead, the law asks whether:

the child may have special educational needs and
it may be necessary for provision to be made through an EHCP.

This wording intentionally sets a relatively low threshold for requesting an assessment.

Who Can Request an EHCP Assessment

A request for an Education, Health and Care needs assessment can be made by several parties.

Parents or carers can request an assessment directly from the local authority. This is one of the most common routes.

Young people aged 16 to 25 may also make the request themselves.

Requests can also be made by:

schools or colleges
early years providers
health professionals
other professionals involved in supporting the child.

While schools often help coordinate requests, parents do not need the school’s permission to apply.

Once the request is submitted, the local authority must consider whether the statutory threshold for assessment is met.

The Six-Week Decision

After receiving a request for an EHC needs assessment, the local authority has six weeks to decide whether to carry out the assessment.

During this period the authority may review:

school SEN records
progress data
professional reports already available
information provided by parents.

At the end of the six-week period the authority must issue a formal decision notice.

Two outcomes are possible.

Agreement to Assess

If the authority decides the legal threshold may be met, the statutory assessment process begins.

Refusal to Assess

If the authority decides an assessment is not necessary, it must explain the reasons for its decision and inform parents of their right to mediation and appeal to the SEND Tribunal.

Refusal decisions often state that a child’s needs can be met through SEN Support within school. Whether that conclusion is legally correct depends on the evidence available and how the statutory test has been applied.

What Happens During the Assessment

If the local authority agrees to assess, it must gather detailed advice about the child’s needs and the provision required to support them.

The professionals who must normally be consulted are set out in Regulation 6 of the Special Educational Needs and Disability Regulations 2014.

Advice is typically requested from:

an educational psychologist
health professionals involved in the child’s care
the school or educational setting
parents or carers
social care, where relevant
any other professional reasonably requested by the family.

These reports form the evidential basis of the assessment.

The quality of professional advice gathered at this stage can significantly influence the final decision about whether an EHCP is issued.

The Local Authority Decision

After reviewing the professional advice gathered during the assessment, the local authority must decide whether a statutory plan is required.

Again, there are two possible outcomes.

Issuing an EHCP

If the authority concludes that special educational provision must be secured through a statutory plan, it will begin drafting an Education, Health and Care Plan.

Refusal to Issue a Plan

If the authority decides an EHCP is not necessary, it must explain the reasons and inform the family of their right to appeal to the SEND Tribunal.

This decision is often based on whether the authority believes the child’s needs can reasonably be met through SEN Support without a statutory plan.

The EHCP Timeline

The entire EHCP process is governed by statutory timescales set out in SEND regulations.

The key stages include:

Stage Timeframe

Request submitted Week 0

Decision whether to assess Week 6

Decision whether to issue an EHCP Week 16

Final EHCP issued Week 20

These timeframes are designed to ensure that children receive appropriate support without unnecessary delay.

In practice, delays sometimes occur. Understanding the statutory framework helps families recognise when the expected process has not been followed.

The Importance of Evidence

Evidence plays a central role in the EHCP assessment process.

Professional reports should clearly describe:

the child’s identified needs
the impact those needs have on learning and participation
the provision required to meet those needs.

Detailed recommendations from professionals such as educational psychologists, speech and language therapists or occupational therapists often carry significant weight when decisions are made.

Where reports are vague or incomplete, the resulting decisions may be less reliable.

For this reason some families seek independent professional assessments to ensure that needs and provision are described clearly.

What Happens Next

If the assessment results in a decision to issue an EHCP, the next stage is the preparation of a draft Education, Health and Care Plan.

The draft plan sets out:

the child’s special educational needs (Section B)
the special educational provision required to meet those needs (Section F)
the proposed educational placement (Section I)
supporting information from education, health and social care advice gathered during the assessment.

Once the draft EHCP is issued, families have 15 calendar days to review the document and provide comments.

During this period parents or young people may:

request amendments to the description of needs
request changes to the provision specified in the plan
submit additional professional evidence
request that a particular school or college is named in Section I.

This 15-day window is an important stage of the process. It allows families to ensure that the plan accurately reflects the child’s needs and that the provision required to meet those needs is clear, specific and enforceable.

After considering any representations made during this period, the local authority will issue the final EHCP, which should normally be completed within 20 weeks of the original request for assessment.