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.

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

  • A parent, a young person themselves if over 16 or a place of learning

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

The LA or other professionals may 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:

(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.

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

The Needs Assessment brings together information about what the child or young person can and cannot do and any additional help they need.

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

 

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 parents or young person

·       Educational advice (usually from the head teacher or principle)

·       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 assistant the child or young person in preparation for adulthood and independent living

·       Advice and information from any person the child’s parent or the 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 the child or young person is hearing impaired or visually impaired the educational advice must come from a suitably qualified 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).

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

By week 6 (remembering that day 1 was the day you requested the needs assessment) you should be written to, to be told if the Local Authority agree to carry out a Needs Assessment or not.

If the Local Authority refuses to carry out an EHC Needs Assessment, the parent/carer or young person has the right to appeal.

This must be done within 2 months of the date on the decision letter received from the Local authority.