EHC needs assessment

What is an EHC needs assessment?

An Education, Health and Care needs assessment (EHCNA) is an assessment of a child's education, health and care needs. It is the first step to getting an EHCP. An EHCP can result in extra support and funding for a child with Special Educational Needs (SEN).

The needs assessment brings together information about what your child can and cannot do and the special help they need.

The needs assessment is to see if your child or young person needs an Education, Health and Care Plan (EHCP).

It includes information from you, your child or the young person, the early years' setting, school or post 16 institution and other professionals who work with or support your child.

The process for carrying out the EHCNA is laid down in law (Children and Families Act 2014, Section 36 (1) to (11)).

When is an EHC needs assessment necessary?

The school or early years setting can often give your child help through SEN support. This means that the school makes extra or different provision from that provided to most other pupils to meet their needs, this is called Ordinarily Available Provision. Sometimes other professionals will give advice or support to help your child learn.

Some children need more help than the school can provide. If your child does not make progress or has a barrier to learning, despite everything the school has tried, an EHCNA might be the next step.

If a child has a learning difficulty or a disability which is holding them back and you believe that the school (or college or nursery) is not able to provide the help and support that is needed, then a request should be made to the LA. The LA must carry out an EHC needs assessment if they believe your child's special educational needs may need more help than a mainstream education setting can provide.

The legal test

You may hear the LA or other professionals refer to the 'legal test'. It refers to the Children and Families Act, 36 (8). When you send in an EHC needs assessment request a group of professionals from education, health and social care will look at the application and all the evidence to see if the following is true:

Whether the information provided shows that the child or young person may have special educational needs.
Whether the information provided shows that it may be necessary for extra support to be provided for the child above what would be available in school.

If they agree that:

1. The information shows that the child or young person may have special educational needs and

2. The information shows that the child or young person may need more support that what is available in school,

then they will agree to carrying out an EHC needs assessment, but this does not guarantee that an EHCP will be issued.

Sometimes an EHCNA is agreed but the assessment shows that the child or young person does not need the extra support (and funding) that an EHCP would bring. It may be that the assessment shows that the child or young person can be supported by a school or setting without extra funding, for example on SEN support.

The more information provided at the start improves the chance of the assessment going ahead. This forms part of the evidence that Surrey will look at. Concerns should be clearly stated and a list of professionals involved. Focus on the impact the child's needs are having on their life at home. This can be trickier than it sounds as it is common for parents to have made adjustments or invented their own approaches to help their child at home and/or outside of school, to accommodate their child's needs without fully realising this. This is key information to share and is often left out.

This is the piece of law in full:

(8) The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
(a) the child or young person has or may have special educational needs, and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

Children and Families Act 2014

Definition of SEN in Law

You can only ask for an EHC needs assessment if the child or young person has, or may have, special education need (SEN). It does not apply where there are only health or social care needs. In the law, a child has SEN if they have a learning difficulty or a disability which calls for special educational provision (SEP).

Section 20 of the Children and Families Act 2014, defines a child as having Special Educational Needs (SEN) if he or she "has a learning difficulty or disability which calls for special education provision to be made for him or her".

A child is considered to have a learning difficulty if they:

have a significantly greater difficulty in learning than the majority of others of the same age or
has a disability which prevents or hinders them from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post 16 institutions.

In the Equality Act 2010, a person is classed as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.

Normal day-to-day means things that people do on a regular basis, for example mobility, dressing or cleaning (physical co-ordination), and having a conversation.
Long-term usually means the impairment should have lasted or be expected to last at least a year.
Substantial means not minor or trivial.
Physical impairment includes sensory difficulties such as visual or hearing impairments
Mental impairment includes learning difficulties, autism, dyslexia, speech and language difficulties, attention deficit hyperactivity disorder (ADHD).

"In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress".

SEND Code of Practice (9.14)

Examples of SEN

Emotional and behavioural difficulties (EBD)
Autism
Attention Deficit (Hyperactivity) Disorder (ADHD/ADD)
Specific learning difficulties such as Dyslexia
Obsessive Compulsive Disorder
Communication difficulties
Medical needs such as Epilepsy and Cerebral Palsy
Mobility difficulties.

If your child has SEN, they may need extra help in a range of areas, for example:

reading, writing, number work or understanding information
expressing themselves or understanding what others are saying
making friends or relating to adults
behaving properly in school
organising themselves
sensory or physical needs which may affect them in school.

Who can apply?

The following people can make a formal request for an EHC needs assessment:

a parent, a young person themselves if over 16 or a school or college.

This is the piece of law that states this:

36. Assessment of education, health and care needs:
(1) A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.

Children and Families Act 2014 (legislation.gov.uk)

Who should be asked for advice?

The LA must seek advice from a number of different people and this is set out in the of the Special Educational Needs and Disability Regulations 2014, Regulation 6(1). They are:

the child's parent or the young person
educational advice (usually from the head teacher or principal)
medical advice and information from a health care professional
psychological advice and information from an educational psychologist (EP)
advice and information in relation to social care
advice and information from any other person the Local Authority thinks appropriate
where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living and
advice and information from any person the child's parent or young person reasonably requests that the local authority seek advice from.

The LA is legally required to seek all of this information as a minimum.

If your child is hearing impaired or visually impaired the educational advice must come from a suitably qualified person.

Surrey have an Open letter from Liz Mills Director of Education and Lifelong learning on EHCNA delays | Surrey Local Offer

Can parents or young people ask for advice from a particular person?

In the SEN Regulations, under 6(1)(h), a parent or young person can ask the LA to seek advice from anyone within education, health or social care, as long as it is a reasonable request. This can include a speech and language therapist, occupational therapist, physiotherapist or someone from CAMHS (Child and Adolescent Mental Health Services).

A request would be considered reasonable where, for example, a child or young person has been identified as needing an assessment already and they are on a waiting list, or where the school, college or other professionals have said this advice may be needed. It is best to put this request in writing, so that you have a record of your request.

'Seek advice' may not be the same as a full assessment.

Should I speak to the education setting first?

Yes, it will be helpful to talk about your worries before writing to the LA. You should speak to the relevant class or subject teacher, the school SENCO or the person at the college responsible for SEN provision and the head teacher or the principal.

How do I apply?

There are two ways to request an EHC Needs assessment:

1) You can write to the local authority (LA) to state that you would like to request an assessment. You could use our template letter and checklist on the next page.

Your letter would be sent to learnerssupport.triage@surreycc.gov.uk

2) You can use the LA's online form to request for Education, Health and Care Plan Assessment (young person, parent or carer) which is on Surrey's Local Offer website. The form should be sent to the same email address.

You should explain your child's difficulties, describe any extra support your child has already received and say why you feel your child may need more help.

Remember that the LA will want to see evidence that your child needs more support for their SEN than a mainstream education setting can provide. If you are applying then the LA will contact your child's school, nursery or college for this information.

The LA will acknowledge your request then they must tell you in writing within six weeks of receiving the request whether they are going to assess your child or not.

Checklist for completing an EHCNA

As a parent you know your child. If you are requesting an Education, Health and Care Needs Assessment (EHCNA) it is important to give clear information about their needs.

This checklist is to be used along side the template letter when requesting for an EHC needs assessment. You may wish to include te answers to the following questions:

When did you first notice any problems?

State when you noticed, what they were, what were the issues or barriers
If someone else said something, what did they say, what did they do? This could be from when they were at a nursery or preschool or even a health visitor
What help or advice were you given?

Your child today

Think about:

their health – eating, sleeping, any illnesses, tiredness, depression, panic attacks. Any physical or mental health concerns or diagnosis. Any medication taken
their social care – do you have access to short breaks or play schemes?
their physical skills – walking, climbing, handwriting/mark making, using scissors, holding cutlery, gross motor and fine motor skills
their communication – including hearing, gestures, eye contact, speech
their personal skills – dressing, washing, time-keeping, remembering to pack sports kit/or pencil case, travels on their own
their behaviour – showing anxiety or frustration, having melt downs, mood swings or tantrums, problems with concentration. Do they listen to instructions, do they play computer games in their room and don't come out?

Remember that what you see at home may not be what their school sees

Describe your child at home compared to what you are told at school or at out of school activities
Do they do their homework or they don't know what it is or can't remember?
What are their hobbies and interests?
Do they attend outside activities like clubs, sports, guiding/scouts?
What are their relationships like with you as their parents but also other family members (siblings), other adults,
what are their friendship groups like, for example, do they fight with siblings?
What lessons or activities does your child enjoy?
Problem areas: lessons, playtime, new teacher, change in routine.
Extra help which has worked or not worked for your child.
Are your child's difficulties getting worse? Does any particular incident or piece of work illustrate your child's difficulties?
What help do you think your child needs?

Get your child's views

Do they enjoy school? What do they like best? What do they dislike?
What would they like to achieve? What do they like and need to help them?
State your views, wishes and concerns

What evidence do you have?

Do you have any reports or assessments? Remember to send copies and not the originals.
Have you contacted their old nursery or preschool for evidence?
Have you got everything the school holds to forward on? The LA will contact the school for a response but if you have evidence already, do pass it on
If your child has changed schools think about what evidence, you have that maybe useful. State there has been a change of school, so the LA knows to ask them for evidence too.

Who is involved?

If you have a social worker state who this is and how long they were involved
If you have Early Help involvement state this and how long they were involved

You should list all the services involved. This could include educational psychologist (EP), paediatrician, speech and language therapist (SALT) or specialist teaching team.

Some people find it useful to put everything in a folder so it's easy to find when you need it.

Note: Not all of the above will be relevant to your child or young person. These are just examples – you should provide as much information about the child's special educational needs as you can.

What happens if the LA decides not to assess?

The LA must tell you why it thinks that an EHC needs assessment is not needed (in writing). Learners Single Point of Access (L-SPA) will call and explain before writing. They must also tell you about:

your right of appeal to the Special Educational Needs and Disability Tribunal (SENDIST) and the time limit for appealing
independent disagreement resolution and mediation
how to get further information, advice or support.

If you disagree with the decision, you can complete the refusal to assess appeal.

What happens if the LA decides to assess?

Day 1 is the date your EHC needs assessment request was received by the LA.

The Learners Single Point of Access (L-SPA) make this decision. They will write to you if they agree to assess.

L-SPA then tell your area SEN Team that they have agreed to assess.

The SEN team should allocate a SEN Case Officer. Their role is to start the statutory assessment process. You can email them to ensure this has happened.

By week 16 (remembering that day 1 was the day you requested the needs assessment) you should be written to, to be told if the LA Agree to Issue or not.

EHCP 20-week planner

What is the piece of law that covers this assessment period?

The SEN Regulations state:

Duty to co-operate in EHC needs assessments:

8. (1) Where a local authority requests the co-operation of a body in securing an EHC needs assessment in accordance with section 31 of the Act, that body must comply with such a request within 6 weeks of the date on which they receive it.

SEN Regulations 8(1)

The Code of Practice also states that:

Advice and information requested by the Local Authority must be provided within six weeks of the request, and should be provided more quickly wherever possible, to enable a timely process.

Code of Practice 9.52

There are exemptions:

Where there are exceptional circumstances, it may not be reasonable to expect local authorities and other partners to comply with the time limits above. The Special Educational Needs and Disability Regulations 2014 set out specific exemptions.

Code of Practice 9.42

These include where:

appointments with people from whom the local authority has requested information are missed by the child or young person (this only applies to the duty on partners to comply with a request under the EHC needs assessment process within six weeks)
the child or young person is absent from the area for a period of at least 4 weeks
exceptional personal circumstances affect the child or his/her parent, or the young person, and
the educational institution is closed for at least 4 weeks, which may delay the School sending in their evidence.

The Special Educational Needs and Disability Regulations 2014 also outlines your duty to co-operate in EHC needs assessments. The professionals that are assessing do not need to comply with the assessment time if:

(1) if it is impractical to do so because

(a) exceptional circumstances affect the child, the child's parent or the young person during that 6 week period;

(b) the child, the child's parent or the young person are absent from the area of the authority for a continuous period of not less than 4 weeks during that 6 week period; or

(c) the child or young person fails to keep an appointment for an examination or a test made by the body during that 6 week period.

What do I do if the LA have not made a decision by week 16?

The LA must notify the parent or young person of their decision whether or not they will issue a plan within a maximum of 16 weeks from the request for assessment (day 1).

If the LA do not meet this deadline there are a few options:

Put in a complaint
Use the Template Letter called Failure to inform parents of decision following EHC needs assessment, found under weeks 16 to 20 to write to the Area SEN Manager for your area. Contact details for your area manager can be found on the Local Offer website.

Educational Psychologists

Surrey published an update in May 2023 regarding the temporary parent/carer advice on EP assessments. You should get a copy of this when you got your yes to assess letter.

Health

There is Case Law on the LA seeking advice from Health. This is around the LA exceeding the assessment time frame and the SEN department commissioning its own assessment from a private provider.

Taken from a Local Government and Social Care Ombudsman decision:

Hampshire County Council (15 011 838)

'While acknowledging that health has a statutory duty to respond to an EHC needs assessment request within 6 weeks of the request being made, the Regulations and Code point to the SEN department's responsibility to ensure that the overall process of EHC assessment and plan development is timely and that when assessment evidences the need for an EHC Plan this is achieved within 20 weeks of the parent requesting EHC assessment.

In my view this overarching responsibility means that when a body from whom the SEN department requests information for an EHC needs assessment exceeds the six week time frame, and there is doubt that the body will send the information in the near future, the SEN department should commission its own assessment from a private provider and seek to recoup the cost from the CCG'.

What if there are existing reports or advice about the child or young person?

The LA does not have to seek new advice where that type of advice has previously been provided for any purpose, for example, if there already was a recent educational psychologist's (EP) report. This exception will only apply if the person providing that advice, the LA and the child's parent or the young person are all satisfied that the existing advice is sufficient.

Previous advice can only be sufficient for an EHC needs assessment if it is relatively up to date and accurately reflects the child or young person's current needs. As a rough guide, an EP's report which is over two years old will not usually be recent enough to be useful.

If a parent or young person already has their own advice and reports, these can be submitted as part of their own advice (which the LA must ask for under SEN Regulation 6(1)(a)) to ensure that they form part of the assessment process. This evidence must then be considered when the LA makes its decision:

6.(1) Where the local authority secures an EHC needs assessment for a child or young person, it must seek the following advice and information, on the needs of the child or young person, and what provision may be required to meet such needs and the outcomes that are intended to be achieved by the child or young person receiving that provision:
(a) advice and information from the child's parent or the young person;

SEND Regulations 6(1)(a)

Copies of evidence submitted by the parent or the young person must be supplied to the other people from whom information is being sought. SEN Regulation 6(3).

How to obtain a referral

There are a variety of different support services, therapies and assessment teams available in Surrey for children and young people with Special Educational Needs and/or Disabilities (SEND). Below we will outline some of these services, who they are aimed at and how to get a referral or obtain an assessment.

Surrey Early Support

Their aim is to provide support to children aged 0 to 5 years with SEN and their families. They will keep regular contact with the family, offer information, advice and support about local services and ensure that all professionals are working together.

Referrals for this service must come from a professional via a 'request for support' form and sent to the Children's Single Point of Access team (C-SPA). This could be a health visitor, therapist or social worker.

The criteria for Early Support is:

Child with complex health needs, disabilities and/or special educational needs aged 0 to 5 years (a diagnosis is not required).
Three or more specialist health/education professionals involved (or referred to).
Parent/carer gives permission for Early Support to be involved.
Family in need of regular input to increase resilience and improve child's outcomes due to significant social, financial, health and/or community challenges.
A professional working with the child/family can make a referral via an Early Help Assessment. State in the Action
Plan that the family wishes to be referred to Early Support.

You can find out more by visiting the early support service page on Surrey County Council's website.

Occupational therapy (OT)

Occupational therapy helps people who struggle to do everyday tasks or occupations which is where to role title comes from. Occupations for children or young people may include self-care (getting ready to go out, eating a meal, using the toilet), being productive (going to nursery or school or volunteering), and leisure (playing with friends or doing hobbies).

An occupational therapist will carry out an assessment that will look at a child strengths and challenges and the things they have trouble with. Support to parents and educational settings includes advice on adapting environments, alternative equipment to support independence and approaching occupations using different methods.

Services are delivered by a range of providers supporting settings including local mainstream and special schools, early years settings including children centres, the home environment and on a clinic or hospital site. Ideally, the therapist will try to see the child or young person in the environment where occupations are taking place.

Community Children's Occupational Therapy is provided by Children and Family Health Surrey (NHS). A range of resources to support needs are available including a helpline with direct access to a therapist. It is open from 2 to 4pm, Tuesdays and Thursdays, term time only. The number to call is 01932 558570 (note this is a new number). You can find more resources by visiting childrenshealthsurrey.nhs.uk.

Social Care Occupational Therapy is provided by Surrey County Council. This service supports with home equipment and adaptations. You can find out more at by contacting Children's Services (surreycc.gov.uk).

Additionally, you'll find occupational therapists working in teams within Mindworks Surrey.

Speech and language therapy (SALT)

Speech and language therapy provides treatment, support and care for children and young people who have difficulties with:

Social Communication
Attention and listening
Complex needs
Language
Play
Speech
Eating, drinking and swallowing.

In Surrey, there are two routes for a referral depending on age:

If a child is under compulsory school age (5 years old), then Surrey Children and Families Health services will carry our assessments and delivery therapy. Children can be referred by their health visitor, GP, early years as well as parent/carers. This will go through the One Stop Referral Service (childrenshealthsurrey.nhs.uk).

You can find out more about SALT for children 0 to 5 years on the Children's Health Surrey website (childrenshealthsurrey.nhs.uk).

For referrals to Speech and Language Therapy for children over 5, Surrey provides a school-based SALT service. All schools have a link therapist to liaise and discuss the needs of the school and its pupils with the school Special Educational Needs Co-Ordinator (SENCo) on a regular basis. Support for children and young people is provided using the universal, targeted and specialist delivery model. You should liaise with your child's SENCo regarding referrals for SALT.

Child and Adolescent Mental Health Service (CAMHS)

CAMHS is an emotional wellbeing and mental health service for children and young people. It provides a variety of services such as:

Assessments for neurodevelopmental conditions such as ASD and ADHD (over 6 years of age. See Developmental Paediatrician's section for children under 6)
Mental health services via Mindsight Surrey
Prevention and early intervention services
Parent and carer support.

All requests for support (referrals) for CAMHS go through the Mindworks Surrey Access and Advice service (this has recently replaced the CAMHS Single Point of Access).

Requests can be made by all health, education and social care practitioners such as GPs, teachers, Social workers, and will go through the Children and Family Health Surrey One Stop referral service. You can find out more about how to make a request for support via the Mindworks Surrey website.

Developmental paediatricians

The Developmental Paediatric Service (DPS) is a family centered service dedicated to helping children and young people to manage health problems that may be affecting their developmental progress.

Their Surrey wide service is led by consultants and assesses children and young people experiencing a wide range of developmental difficulties related to:

Developmental delay or disorder
Neurological disability
Autism spectrum disorder (ASD), under 6yrs
Attention deficit hyperactivity disorder (ADHD), under 6yrs
Cerebral palsy
Severe learning difficulties (SLD) and/or complex needs (the DPS may carry out these assessments in schools)

Assessments focus on physical, sensory, social and emotional development and any recommended interventions are discussed and agreed with the family.

The Developmental Paediatric Service works closely with other professionals, such as therapists, nurses, teachers and social workers to ensure a cohesive and joined up approach is in place for the child/young person.

Referrals for Developmental Paediatricians (childrenshealthsurrey.nhs.uk) will go through the Children and Family Health Surrey One Stop referral service.

Dyslexia assessment

Dyslexia is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling. Characteristic features of dyslexia are difficulties in phonological awareness, verbal memory and verbal processing speed.

Most school's in Surrey should be able to carry out a Dyslexia screening which will give parents an indicator of whether a child has Dyslexia. Schools can then implement provisions from their SEN core offer in order to support a child's special educational needs. However, a school cannot formally diagnose.

For a diagnostic assessment parents should visit Helen Arkell Dyslexia Support.

Alternatively parents can look on the British dyslexia association's website.

Even without a formal diagnosis the school should be able to recognise the additional needs and implement any provisions that may be required. The following link is for Surrey County Councils Dyslexia policy which can be useful to parents of children with concerns of Dyslexia or with formal diagnosis.

Educational psychology (EP) assessment

An educational psychology assessment involves a series of different activities to help identify a child's or a young person's specific learning style, strengths and areas of need. This knowledge helps to generate suitable recommendations for teachers, parents and other professionals that are used to meet those learning needs of school aged children and teenagers.

The one-on-one assessment setting provides an opportunity to gather information about a child's behaviours, attitudes, attention, concentration, all of which are likely to impact on and influence learning. These factors can influence motivation and the desire to accept and approach a challenge. It also affects the manner in which a child/young person approaches a task as well as the manner in which they structure their responses.

In order to obtain an EP assessment, you would need a referral from the SENCo of the school that your child attends. You should speak to the schools SENCo to arrange this. You can find out more about how Educational Psychologists work in Surrey via the Surrey County Council website.

Alternatively, you have the option to pay for an assessment privately which would guarantee much shorter waiting times. If this is something you wish to explore you can have a look on the British Psychology Website and use their search tool to find a private Ed Psych in your area.

Some of the above can also be part of a Statutory Education, Health and Care Needs Assessment. Please see our information sheet on EHC needs assessments, and our template letter on how to apply.

Learners' single point of access (L-SPA)

This is the team that receive the request for EHC Needs Assessments and are the first 6 weeks of the EHCP process.

The Learners Single Point of Access (L-SPA) was created as part of Surrey's vision and drive to ensure that all our children have access to a good quality education and receive timely help and support where there is a concern about the development or learning needs of a child. We know that access to high quality, evidence-based information can be key in changing the direction of travel or improving the quality of the journey itself for families. We also know that delays in communication and families having to repeat their story can be frustrating, so we set out to develop and improve our services, to achieve the best outcomes for children and young people and work together in a timely and solutions focussed manner.

Local Offer website

The L-SPA does not replace any existing services. The idea is to 'add value to them acting as a single point of access to the right services for a child's needs and to help everyone who works with, or cares for, our most vulnerable children and young people to navigate the system'.

The L-SPA can:

help all professionals involved in meeting the special educational needs (SEN) of children and young people aged from 0 to 25 years old through two easy to access pathways:
L-SPA Request for Support
Request for Assessment.

There will still be an Early Years request for support form in addition to the above. To make a request for an EHC Needs Assessment please see our Information.

Important phone numbers

L-SPA on 0300 2001015 (this is answered by the contact centre or the additional learning support service. They answer general questions, find out and pass you onto your Case Officer or will signpost to a Triage Team).

Professional Helpline Number on 0208 547 8260.