Page 38 - SEN114 September/October 2021

SEN law
Education, Health and Care Needs
Assessments: always look to the law
Kathryn Saban helps you navigate the process where a child or young person is struggling with their attainment or requires a greater level of support for their education
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Education, Health and Care Needs Assessment (‘EHC needs assessments’) are formal assessments arranged by the Local Authority in order to assess a child or young person’s education, health and social care
needs. There are many myths surrounding the process for securing an EHC needs assessment but it is important that decisions made by a Local Authority are only based upon the stipulations set out in law.
What does the law state?
The relevant law to be considered is found in Section 36(8) Children and Families Act 2014. This sets out two requirements. If both requirements can be answered positively, then an EHC needs assessment must be carried out by the Local Authority. The two requirements are:
(a) the child or young person has or may have special educational needs (‘SEN’), and
(b) it may be necessary for special educational provision to be made for the child or young person in accordance with an Education Health and Care Plan (‘EHC Plan’).
“Many myths surround the process for securing an EHC needs assessment”
Requirement One: The child or young person has or may have special educational needs
The legal test for carrying out an EHC needs assessment has a low threshold. The first requirement states that a child should have or ‘may’ have SEN. This therefore does not stipulate that a child/young person must have a formal medical diagnosis, nor does it require a pre-existing full understanding of a child or young person’s SEN; after all, the purpose of the EHC needs assessment is to determine the nature and extent of the SEN that a child or young person has.
The legal definition for what constitutes ‘SEN’ is set out in Section 20 (1) Children and Families Act 2014 which states ‘A
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