Securing an EHC needs assessment from local authorities
Expert legal advice for families seeking an EHC needs assessment to ensure their child’s needs are fully identified and understood.
We help families obtain assessments so children and young people can access the support they require.
If your child has special educational needs that cannot be met through the support ordinarily available in school or college, you may be entitled to an Education, Health and Care (EHC) needs assessment. An EHC needs assessment is the first statutory step towards obtaining an Education, Health and Care Plan (EHCP), which can ensure that a child’s complex needs are properly identified and supported.
At Boyes Turner, our specialist SEN solicitors support families throughout the EHC needs assessment process. SEN law is complex, but our extensive experience enables us to navigate it efficiently, helping you understand each stage, prepare the right evidence, and work towards an EHCP that fully reflects your child’s needs. We provide practical, effective guidance to streamline the process and increase the likelihood that your child receives the support they are entitled to.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience across all SEN appeals, including EHCPs, school placements, and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
What is an EHC needs assessment?
An EHC needs assessment is a statutory process carried out by the local authority to identify a child or young person’s special educational, health and social care needs, and to decide whether those needs require an EHCP. It is not the plan itself but the assessment that determines whether one is needed.
Parents, carers and young people (aged 16–25 in education) can request an assessment. The law requires the local authority to consider your request and make a decision.
EHC needs assessment FAQs
Does my child need an EHC needs assessment?
You may want to request an EHC needs assessment child if:
- Your child has significant and persistent difficulties accessing education.
- Support available through SEN support at school is not sufficient.
- Your child’s needs affect their learning, development or wellbeing.
- Professional evidence suggests that additional, specialist provision may be necessary.
- You want to ensure that appropriate funding or resources are in place to meet your child’s needs.
- You are planning for transition to further education, training, or adult life and want support to continue beyond school.
What does an EHC assessment involve?
Once the local authority agrees to carry out an EHC assessment, the LA must gather advice and information from a range of people involved in your child’s education and care. This typically includes:
- The parents or the young person themselves
- The child’s school or educational setting
- Health professionals (e.g., paediatricians)
- Educational psychologists
- Social care professionals
- Any other relevant specialists that you reasonably request
The aim of the assessment is to create a clear picture of your child’s needs, the provision required to meet those needs, and the outcomes expected with the provision is place.
At Boyes Turner, we often support parents and children throughout the EHC needs assessment process to ensure that all aspects of a child’s needs are fully considered and that SEN procedures are correctly followed. This proactive approach can help streamline the process and reduce the likelihood of disputes arising after an EHCP is issued. You can contact our SEN experts for more information.
Please note, we do not offer legal aid.
How long does an EHC needs assessment take?
By law, local authorities must decide within six weeks whether to carry out a full EHC needs assessment after a request is submitted. If they agree, the assessment should be completed and a decision on issuing an EHCP made within 16 weeks, with a Final EHCP issued within 20 weeks.
If the assessment identifies that the child’s needs may require an EHCP, the local authority will issue one. If it decides not to issue an EHCP, it must inform you in writing, explain the reasons, and tell you about your right to appeal.
What are common issues with Local Authorities and their EHC needs assessment decisions?
Families often encounter challenges when working with local authorities on EHC needs assessments and EHCPs. We often have parents come to us as they have experienced:
- Delays in carrying out EHC assessments
- Delays issuing EHCPs – beyond the statutory timescales
- Disagreements about the child’s level of need or the type of support required
- EHCPs that lack clarity or specificity in describing needs or provision
- Placement disputes, including disagreements over the named school or specialist setting
- Inadequate consideration of health or social care needs, where these affect education
Understanding the legal duties of the local authority and knowing your rights is often key to resolving these issues. Our specialist SEN team can help you challenge decisions, provide clarity on the process, and work towards an EHCP that fully reflects your child’s needs.
What if the local authority refuses to carry out an EHC needs assessment?
If the local authority decides not to carry out an EHC needs assessment, this may be because they believe:
- Insufficient evidence has been provided to demonstrate your child’s needs
- Your child’s needs can be met without an EHCP
Even in these cases, you have the right to challenge the LA’s decision. This can involve:
- Contacting the local mediation service
- Appealing to the Special Educational Needs and Disability Tribunal (SENDIST) if mediation does not resolve the issue
Our specialist SEN solicitors have extensive experience advising families on all stages of these challenges. We can help you understand your options, gather supporting evidence, and navigate the appeal process, ensuring that your child’s educational needs are fully considered.
How can Boyes Turner’s specialist SEN solicitors help with EHC needs assessments?
Securing an EHC needs assessment and, ultimately, an EHCP can be a complex and stressful process for families. At Boyes Turner, our specialist SEN solicitors support parents and carers at every stage, ensuring that your child’s needs are fully understood and properly represented. With extensive experience in SEN law and practical knowledge of the EHC needs assessment and EHCP process, our team provides clear guidance, effective strategies, and proactive support to reduce stress and help secure the statutory provision your child is entitled to.
As recognised experts in the field, we also advise case managers, solicitors, and other professionals on SEN law and best practice, sharing our knowledge to support effective outcomes for children and families.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why use EHC needs assessment solicitors?
- Specialist experience in SEN law & assessments: We understand the legal framework surrounding the assessment process, including the duties placed on local authorities and the evidence required to demonstrate a child’s special educational needs. This expertise allows us to provide clear, accurate advice and support families in challenging decisions where an assessment has been refused.
- Tailored advice based on your child’s need: Every child’s circumstances are different, and we take the time to understand your child’s individual needs, education, and support requirements. We provide tailored advice on the best approach to securing an assessment, helping families gather relevant evidence and present a strong case that reflects their child’s needs.
- Supportive and collaborative approach: The EHC needs assessment process can be complex and difficult to navigate. We work closely with families, schools, and other professionals to ensure information is clear, consistent, and focused on securing the right outcome.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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