The legal test for statutory assessment under the Children and families Act 2014 is;
- Whether the child/YP has or may have SEN and
- t may be necessary for special educational provision to be made for the child or young person in an EHCP.
All LAs will have criteria for making decisions on assessment, but these must not impose a higher threshold than the legal test. The LA can reasonably expect the education provider to be able to evidence that they have taken ‘relevant and purposeful action’, under a School’s Best Endeavours Duty (although a lack of this will not necessarily be enough to prove that an EHCP is not necessary). You do not need to have had an Educational Psychology report. An EP assessment is a legal requirement under an EHC Assessment. Any other criterion applied by the LA is irrelevant as the only threshold that applies is the legal test.