What advice does my LA have to seek when carrying out an EHC needs assessment?

August 4, 2022

The assessment must cover all the relevant education, health, and care needs of the child or young person.

Where a LA undertakes an EHC needs assessment, it must seek the following advice and information on the needs of the child or young person, what provision may be required and the outcomes that are intended to be achieved:-

(a) advice and information from the child’s parent or the young person. The LA must take the child or young person’s views, wishes and feelings into account;

(b) educational advice and information—

(i) from the head teacher or principal of the early years setting, school or post-16 or other institution that the child or young person is attending, or

(ii) where this is not available, from a person who the local authority is satisfied has experience of teaching children or young people with special educational needs, or knowledge of the differing provision which may be called for in different cases to meet those needs, or

(iii) if the child or young person is not currently attending a school or post-16 or other institution and advice cannot be obtained under (ii) above, from a person responsible for educational provision for the child or young person, and

(iv) if any parent of the child or young person is a serving member of Her Majesty’s armed forces, also from the Secretary of State for Defence;

(c) medical advice and information from a health care professional identified by the responsible commissioning body;

(d) psychological advice and information from an educational psychologist;

(e) advice and information in relation to social care;

(f) advice and information from any other person the local authority thinks is appropriate;

(g) 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

(h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

Where the child or young person is hearing and/or visually impaired and the person/s providing educational advice is not qualified to teach children or young people then the educational advice can only be given after consultation with a person who is qualified to teach children and young people with hearing or visual impairment.

The local authority should not seek the advice referred to in paragraphs (b) to (h) if it has previously been provided for any purpose and the person providing that advice, the local authority and the child’s parent or the young person are satisfied that it is sufficient for the purposes of an EHC needs assessment.

Contact us

At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs.  Our team represents parents of children with a range of SEN.

If you would like to speak to our expert SEN law solicitor, Imelda Brennan, call us on 0800 158 4147, email us at info@tayntons.co.uk  or request a call back and a member of our team will be in touch promptly.