Who should be asked for advice?

The LA must seek advice from a range of people. The list is set out in Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014;

  • The child’s parent or the young person;
  • Educational advice (usually from the head teacher or principal);
  • Medical advice and information from a health care professional;
  • Psychological advice and information from an educational psychologist;
  • Advice and information in relation to social care;
  • And information from any other person the local authority thinks appropriate;
  • Where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
  • Advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.
  • The LA is legally required to seek all this information as a minimum.

If a child or young person is hearing impaired and/or visually impaired the educational advice must come from a suitably qualified person

The LA should consider whether a social care assessment or health assessment is also needed. There is some debate as to whether health and care assessments are automatically triggered when a request for an EHC needs assessment is made. In practice, it is best to request social care and health assessments independently to ensure the request is received.

In addition, the local authority must not seek any of the advice referred to above if such advice has previously been provided for any purpose and the person providing that advice, the local authority and the child’s parent or the young person are all satisfied that it is sufficient for the purposes of an EHC needs assessment.

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