A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.
An "EHC needs assessment" is an assessment of the educational, health care and social care needs of a child or young person.
When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
In making a determination under subsection (3), the local authority must consult the child's parent or the young person.
Where the local authority determines that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHC plan it must notify the child's parent or the young person—
Subsection (7) applies where—
The authority must notify the child's parent or the young person—
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—
After an EHC needs assessment has been carried out, the local authority must notify the child's parent or the young person of—
In making a determination or forming an opinion for the purposes of this section in relation to a young person aged over 18, a local authority must consider whether he or she requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete his or her education or training.
Regulations may make provision about EHC needs assessments, in particular—