Little Nellies · For legal professionals
Independent SEND social-care evidence for solicitors
A clear account of everyday social-care needs can help a solicitor understand the evidence behind an EHCP. Our existing EHCP Evidence Pack includes a social-care assessment and care plan; any separate instruction must be scoped and confirmed.
What this work can contribute
Social-care evidence should explain the child or young person’s needs, the information on which the assessment relies and the reasoning behind recommendations. In an EHCP matter, the solicitor and assessor need a shared understanding of the questions the report is intended to address.
The existing Evidence Pack also includes a child profile and an executive summary. These help bring together the person’s circumstances and relevant evidence. The proposed assessment method and what can reasonably be concluded from the available information should be agreed at the outset.
This is not a substitute for the local authority’s statutory responsibilities. Commissioning an independent report does not guarantee that its recommendations will be adopted, that an EHCP will be issued or that particular provision will be secured.
Define the questions before assessment
- What social-care needs are disputed, unclear or missing from the existing evidence?
- Which records and previous assessments should the practitioner consider, and what is their date and purpose?
- What is needed to understand the child or young person’s daily life and the family’s account of support needs?
- How should sources, observations, reported information, professional opinion and limitations be distinguished?
- What report format and deadline are required, and is the proposed assessment proportionate to the questions asked?
Keep EHCP sections and professional roles clear
A need being described in a social-care report does not, by itself, determine where associated provision belongs in an EHCP. The Children and Families Act 2014 and SEND Code of Practice provide the statutory framework. The instructing solicitor should identify the legal questions, while the practitioner explains the professional evidence within their expertise.
The SEND Tribunal’s extended powers allow it to make recommendations about health and social care in an eligible education appeal. Those recommendations are not the same as its binding education orders. The solicitor should confirm the Tribunal’s jurisdiction and the remedy sought in the particular case.
This page concerns children and young people in an England EHCP context. It does not import the scope, eligibility tests or fees of our separate adult social-care assessment services.
Questions about social-care evidence
Is this a standalone assessment service?
Social-care assessment and a care plan are evidenced components of our EHCP Evidence Pack. Ask whether the component you need can be accepted separately, with its own scope and fee. Do not assume that the full pack or expert attendance is included.
Does the assessment automatically make the practitioner an expert witness?
No. An expert-witness instruction has a distinct purpose and requirements. If the evidence is intended for proceedings, identify that at the outset and agree the appropriate professional role and report requirements.
Can the assessor promise particular EHCP wording?
No. Findings and recommendations must follow the available evidence. The solicitor remains responsible for the legal position and any proposed changes advanced in the case.
Related services and guidance
Official sources
The statutory and Tribunal references below concern England. They provide context for the instruction; the instructing solicitor remains responsible for legal advice and the conduct of the case.
Discuss a professional instruction
Tell us your firm, the type of evidence needed, the case stage and any relevant deadline. We will confirm whether the instruction fits our expertise, who would undertake it, the scope, fee and availability before work is agreed. Do not send a bundle or identifying information about a child through an initial general enquiry. Ask us to agree a secure route for case documents.