Requesting EHC needs assessment: no spending required before submission
Information for all education providers
Further to the concern raised by the Coroner in a recent Prevention of Future Deaths hearing published on 14 October 2024 we wish to reiterate and reinforce the following information to all Surrey education providers who support children and young people from statutory school age to 25 years old. This includes all non-maintained independent sector and further education providers in addition to schools.
The concern: Some schools and further education providers believe that it is necessary to provide £6,000 of support to a pupil or learner with SEND before being able to apply for an Education Health and Care (EHC) Needs Assessment.
Statutory position as upheld by Surrey County Council
Under the Children and Families Act 2014, local authorities are required to consider an Education Health and Care (EHC) needs assessment if the child has or may have Special Educational Needs (SEN), and if the provision may need to be made through an EHC Plan.
There is no mention in the law or in the SEND Code of Practice of a requirement for the school to spend a specific amount before initiating an assessment.
The focus remains on the educational progress of the child and the sufficiency of the support provided through SEN support plans it does not require schools to exhaust a fixed budget before requesting an EHC assessment. The decision to request an assessment is based on individual needs and the inability of current support to sufficiently meet those needs, not on a financial spending threshold.
The expectation set out in the School and Early Years Finance (England) Regulations 2023 does set a high needs cost threshold of £6,000 which we, and the coroner recognise may lead to some confusion. The £6,000 threshold refers to element two of the schools SEND funding system from which schools are expected to support pupils with additional needs, in line with what should be ordinarily available. However, the Funding Regulations are not a barrier to requesting an EHC Needs Assessment where it is required.
All education providers are expected to make a decision whether to request an EHC Needs Assessment based on their professional judgement and taking into account the guidance published on the Surrey SEND Local Offer.