Dear xxxxxxx
I am writing [as the parent of the above child / on behalf of the above young person] to request an assessment of their Education, Health and Social Care needs under section 36(1) of the Children and Families Act 2014.
[Child / young person’s name] currently attends [name of school].
I understand that the test that the LA must apply in considering this request is contained in section 36(8) of the Children and Families Act 2014 and has two parts.
Part one of the test is that the child or young person has or may have special educational needs.
I feel that [child / young person’s name] has special educational needs because:
[Details of diagnosis and include copies of diagnosis letters/reports]
Part two of the test is that it may be necessary for special educational provision to be made for the child/young person through the issuing of an EHC plan.
My reasons for believing that [child / young person’s name] may need an EHC plan are:
[List your reasons why. For DS I put details of what his identified needs were, what support he was getting in school, what support he needed but wasn't getting, and what happened if/when he didn't get the appropriate support].
The two-part test outlined above is the only test to be applied under the law. I understand that it would be unlawful for a local authority to apply a higher threshold for accessing an EHC needs assessment. Furthermore, this legal test is different to that which must be applied in the decision about whether or not to issue an EHC plan. [I / We] believe that the local authority should carry out an EHC needs assessment to determine the full extent of [child / young person’s name]'s needs.
I understand that you are required by law to reply to this request within six weeks, and that if you refuse [I / young person’s name] will be able to appeal to the First-tier Tribunal (Special Educational Needs and Disability).
Yours faithfully,