Chapter 9 of the SEND Code of Practice sets out the process. The local authority must carry out an assessment when it considers that special educational provision may need to be made through an EHCP (paragraph 9.3). It should normally follow planning already done through SEN support, not be the first step.
Who can ask. The child's parent, a young person aged 16 to 25, or someone acting for the school or college, ideally with the parent's knowledge and agreement (paragraph 9.8). Anyone else, such as a health visitor, can bring a child to the authority's attention.
Timescales (paragraphs 9.40 and 9.41):
- the authority must decide whether to assess within 6 weeks of the request
- anyone asked for information, including the school, must reply within 6 weeks
- if it decides not to issue a plan after assessing, it must say so within 16 weeks
- the whole process, from request to final plan, must take no more than 20 weeks.
For schools: keep clear records of the needs you have identified, what you have tried and what difference it made, because the authority will ask for them. A decision not to assess, or not to issue a plan, can be appealed to the SEND Tribunal.
In 2026: the SEND reform proposals published in February 2026 would change assessments in future, but they are only proposals and need new legislation. The current process applies in full.