Request for EHC Needs Assessment

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{director_name}
{la_address}

{date}

Dear {director_name},

Re: {child_name}, DoB {child_dob} — Request for EHC needs assessment

I am writing to formally request an Education, Health and Care (EHC)
needs assessment for my child, {child_name} (DoB {child_dob}), under
Section 36(1) of the Children and Families Act 2014.

{child_name} attends {school_name} and is currently in Year {year_group}.

Reasons for this request
------------------------
{child_name} has special educational needs that I believe cannot be met
from within the resources normally available to the school. Specifically:

{reasons_for_request}

The following support has been provided so far but has not been
sufficient to meet {child_name}'s needs:

{support_provided}

I enclose the following supporting evidence:

{evidence_list}

The legal test the LA must apply
--------------------------------
Under s.36(8) of the Children and Families Act 2014 the Local Authority
must secure an EHC needs assessment if it is of the opinion that:

  (a) the child has or may have special educational needs; AND
  (b) it may be necessary for special educational provision to be made
      for the child in accordance with an EHC plan.

The two-part test in s.36(8) is the only test the LA may apply when
deciding whether to carry out an EHC needs assessment. It would be
unlawful for the LA to apply a higher threshold (for example, requiring
proof that an EHC plan will definitely be needed, or that the school's
ordinarily available provision has been exhausted to a particular
standard). The threshold the LA must apply is whether provision *may
be* necessary, not whether it definitely is.

Next steps
----------
Please acknowledge receipt of this request and confirm the 6 week
decision deadline under s.36(8). If the Local Authority decides not
to carry out an assessment, I am aware of my right of appeal to the
First-tier Tribunal (SEND) under s.51(2)(a) of the Children and
Families Act 2014.

Yours faithfully,

{parent_name}
{address}