18/12/2025
At Edvocation Services, we understand how complex and overwhelming SEN law can feel—especially when you are advocating for your child.
If your local authority has refused your request for an Education, Health and Care Needs Assessment (EHCNA) for your child or young person, it is important to know that there is a clear legal framework governing this decision.
Under section 36(8) of the Children and Families Act 2014, a local authority must carry out an EHC needs assessment if:
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 in accordance with an Education, Health and Care Plan.
These are the only lawful criteria at this stage. No additional or higher thresholds can be applied.
It is therefore unlawful for a local authority to refuse to carry out an assessment on the basis that, for example, “needs are being met through SEN Support,” “the school has strategies in place,” “progress is being made,” “the child is working at or above age-related expectations,” “there must be at least 3 cycles of Assess Plan Do Review in place before an EHCNA can be considered…….” We’ve seen and heard them all before, countless times!
If you are facing these kinds of barriers and wish to challenge your local authority’s decision, Edvocation Services is here to support you.
We can help you understand your rights, navigate the process, and advocate effectively—whatever level of support you need, whenever you need it.
For a free initial consultation, please contact us at enquiries@edvocationservices.com.
Let’s take the next steps together.