Special Educational Needs Solicitors Birmingham


Education Health and Care Needs Assessments

Expert education health and care needs assessments solicitor Birmingham

If your child has special educational needs and disabilities (SEND), they should receive an Education, Health and Care Plan (EHCP) if, for example, they need more support than is routinely available at their place of education. To secure an EHCP or to make changes to a plan already in place, your child will need an Education, Health and Care needs assessment, also referred to as an EHC needs assessment.

An Education, Health and Care Plan can be requested from birth and be in place until the age of 25.

We have wide experience in representing clients who require an Education, Health and Care needs assessment for their child. You are recommended to start the process of obtaining an EHCP as soon as possible. We can represent you in this process, ensuring that your concerns clearly put forward and that the relevant evidence in support is supplied to the local authority.

We understand how important it is that you secure the right Education, Health and Care Plan for your child. We are experienced Special Educational Needs law solicitors having undergone IPSEA  training as well as being a member of the Education Law Association and we have an excellent track record of success in securing the best possible outcome for children with special needs.


Our Education Health and Care needs assessment services

We provide a full service in respect of requesting an Education Health and Care needs assessment, including:

  • Education, Health and Care needs assessment advice, to include in respect of what evidence to provide and the legal test that the local authority will apply
  • Drafting your request for an EHC needs assessment
  • Compiling evidence in support of your request for an EHC needs assessment and helping to secure additional evidence where necessary
  • Appeals when a request for an EHC needs assessment is rejected


Please note that we are only able to take on privately paid cases.


Choosing us for Education Health and Care needs assessments

Securing an Education, Health and Care Plan for your child can be crucial to their development and wellbeing. We understand the way in which local authorities deal with requests for an EHC needs assessment and we can ensure that your case is put in the strongest possible terms.

We know that it can be daunting to deal with education professionals and we will ensure that you have the support and guidance you need throughout. We are friendly and approachable and we will do all we can to make this difficult process easier for you.

We always take the time to keep in touch with our clients and we will make sure that you are updated and that we are available to speak to you to answer your questions as needed.


How to get an Education Health and Care Plan for your child

Your local authority should have a local offer in place setting out the support that may be available for your child as well as how to make an EHC needs assessment request. This assessment is the first step in securing an Education, Health and Care Plan.

If you believe that your child has or may have special educational needs and requires, or may require, special support or educational provision, you need to demonstrate this to the local authority. As a parent, you can make an application and it is also open to children over the age of 16 or their school or college to formally request an assessment.


What should I include with an Education Health and Care needs assessment request?

As well as providing reports and other information from medical, social and educational workers, you will need to provide information about the issues your child has. This can include:

  • The history of when you first noticed any difficulties and what these were
  • What help, if any, was provided and by whom
  • Any issues with day-to-day life such as walking, motor skills, eating and sleeping
  • How they deal with organisational matters such as washing, dressing and remembering things they need for school
  • How they deal with home life, such as hobbies and social activities
  • What their relationships with parents, siblings, friends and teachers are like
  • Communication, including speech, being able to communicate clearly, hearing and eye contact
  • Any anxiety, frustrations, depression, concentration problems or tiredness
  • General behaviour
  • Difficulties with issues such as changes in routine or dealing with something unexpected
  • Any illnesses
  • Help your child has been given and how this has been of value
  • Whether any provision has been made that has not been helpful
  • Anything that might illustrate the difficulties your child is having
  • The support that you feel would be useful for your child
  • Any increase in problems that your child is having
  • Your child’s own views about their situation and what help they would like to have


The Education Health and Care needs assessment process

You should be advised within six weeks of making the request whether the local authority is going to assess your child. If the Local Authority advises you that it is not going to carry out an assessment, this can be appealed. We can represent you in this process.

During an assessment, the local authority will look at information from a wide range of sources in considering your request, including from your child’s educational setting, any teachers or specialists who have worked with your child, healthcare workers, social workers and from you and your child. They can conduct their own investigations and ask those involved to supply reports where appropriate.

Once this information has been considered, the local authority will decide whether or not to issue an Education, Health and Care Plan.  If they decide not to issue an EHCP, you should be told within 16 weeks of your request. You have a right to appeal.


What does an Education Health and Care Plan include?

If an Education, Health and Care Plan is being issued, you will be provided with a draft of this. You have two weeks in which to consider the contents and, if you wish, object.

The EHCP should include the following sections:

  • Your child’s views, interests and aspirations
  • Special educational needs
  • Health needs
  • Social care needs
  • The desired outcomes for your child
  • Special educational provision
  • Health provision
  • Social care provision
  • A school placement
  • Personal budget
  • A list of advice and information

Any objections to the provisions should be clearly set out and sent promptly to the local authority, which has a duty to consider these when making the final EHCP.


When should I request an Education Health and Care needs assessment?

You are strongly advised to request an EHC needs assessment as soon as you believe that your child is going to need extra help and support with their education. This can be at any time from birth onwards.

By having a plan put in place early on, you will not be dealing with it at the last minute before they start pre-school or school. This could make the situation very stressful and you may not have enough time to gather all of the evidence you want to provide.

If your child’s difficulties have not become apparent until they are already at school, you can start putting together information in support of a request for an EHC needs assessment at that point. You may be offered some support by the school or local authority, but where this is not sufficient and you believe your child is entitled to more, an assessment will give you the option of accessing a higher degree of help.


Contact our Birmingham Special Educational Needs solicitor

We regularly make successful requests for Education, Health and Care needs assessments on behalf of our clients and their children. We will work with you to understand your child’s needs and prepare the strongest possible request on your behalf.

To talk to an expert education solicitor in Birmingham, call on 0121 309 0013, email us at or fill in our contact form.

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