Will the Local Authority accept independent reports for EHC Needs Assessments and EHCP Annual Reviews?
If you have concerns about your child’s special educational needs and disabilities (SEND), you may decide to seek advice or an assessment from an independent specialist. This could be an Educational Psychologist, Occupational Therapist, Speech and Language Therapist, Clinical Psychologist or another professional with relevant expertise.
You may want to submit an independent report when the Local Authority is deciding whether to carry out an Education, Health and Care (EHC) needs assessment, when it is preparing an Education, Health and Care Plan (EHCP), or when your child’s existing EHCP is reviewed annually.
The Local Authority should consider relevant evidence you provide when making decisions about your child’s needs and support. The legal framework includes the SEND Code of Practice: 0 to 25 years, the Children and Families Act 2014 and the Special Educational Needs and Disability Regulations 2014.
1. The Local Authority’s duty to consider evidence you provide
Regulation 7(b) of the Special Educational Needs and Disability Regulations 2014 is an important legal reference when the Local Authority is securing an EHC needs assessment. It states that the Local Authority must “consider any information provided to the local authority by or at the request of the child, the child's parent or the young person.”
This means that if you provide relevant information about your child, including reports from independent specialists, the Local Authority must consider that information as part of the relevant assessment process.
For example, you may have obtained reports from:
An independent Educational Psychologist.
An Occupational Therapist.
A Speech and Language Therapist.
A Clinical Psychologist.
Another specialist who has assessed your child’s needs.
These reports may help explain your child’s difficulties, identify needs that have not previously been recognised, or recommend support that may be necessary.
The words “must consider” are important. The Local Authority does not have to agree with every recommendation in an independent report, but it should properly consider the evidence before reaching its decision.
2. What does the SEND Code of Practice say?
The SEND Code of Practice: 0 to 25 years is statutory guidance explaining how children and young people with SEND should be identified, assessed and supported in England. Local Authorities must have regard to the Code when carrying out their relevant legal duties. This means they should follow its guidance unless there is a legally defensible reason to depart from it.
Several paragraphs in Chapter 9 are relevant to you when you are providing evidence about your child.
Paragraph 9.14 explains the evidence that should be considered when deciding whether an EHC needs assessment is necessary. This includes your child’s needs, their progress and the support they have already received.
Paragraph 9.21 highlights the importance of involving you throughout the EHC needs assessment and planning process and having regard to your views, wishes and feelings.
Paragraph 9.22 sets out principles for effective assessment and planning, including focusing on your child as an individual and involving their family.
Paragraphs 9.45–9.47 address the advice and information required during an EHC needs assessment, including advice from relevant professionals.
Taken together, these provisions support the importance of considering the evidence available about your child rather than making decisions without properly taking their individual needs into account.
3. Can you ask the Local Authority to consider an independent specialist?
Yes. Regulation 6(1)(h) of the Special Educational Needs and Disability Regulations 2014 is relevant when the Local Authority carries out an EHC needs assessment. It provides for advice and information to be sought from a person you reasonably request the Local Authority to approach, subject to the applicable regulatory requirements.
Regulation 6(3) also addresses the sharing of parental representations and evidence with professionals consulted during the assessment.
This means that if you believe a particular specialist has important knowledge of your child’s needs, you can ask the Local Authority to seek advice from that professional. You can also submit an independent report you have already obtained.
There is, however, an important distinction: the Local Authority is not automatically required to commission or pay for every independent assessment you request. The relevant duties concerning seeking advice and considering evidence still need to be applied to your individual circumstances.
4. Can you submit independent reports for an EHCP Annual Review?
Yes. You can submit relevant independent specialist reports as part of your child’s EHCP Annual Review.
Annual reviews are intended to establish whether your child’s EHCP remains appropriate and whether changes are needed to reflect their current needs, progress, outcomes and special educational provision. The legal framework includes section 44 of the Children and Families Act 2014 and the relevant annual review provisions in the Special Educational Needs and Disability Regulations 2014, alongside Chapter 9 of the SEND Code of Practice.
You may want to provide an independent report if, for example:
Your child’s needs have changed since the EHCP was issued.
You believe the current plan does not accurately describe your child’s difficulties.
The support in the EHCP is not meeting your child’s needs.
Your child is not making the expected progress towards their outcomes.
A specialist has recommended additional or different provision.
You believe the EHCP needs to be amended to reflect your child’s current circumstances.
You can submit the report to help inform the annual review and explain why you believe changes to the EHCP may be necessary.
The Local Authority should consider relevant evidence when deciding whether to maintain, amend or cease the EHCP. It does not have to accept every recommendation made by an independent specialist, but its decision should be based on the relevant evidence and your child’s individual needs.
If you believe the Local Authority has overlooked important information, you can ask it to explain how the report was considered and why it reached its decision.
5. What can you do if you feel your evidence has been ignored?
If you have submitted an independent specialist report and are concerned that the Local Authority has not properly considered it, you can ask for a written explanation.
You may wish to ask:
Has the independent report been considered as part of the decision-making process?
How have the specialist’s findings informed the assessment or annual review?
If the Local Authority disagrees with the specialist’s recommendations, what are its reasons?
Has the Local Authority considered whether the current EHCP accurately reflects your child’s needs and the provision required?
Keeping copies of the reports you submit and the correspondence you receive can help you establish what evidence was provided and how the Local Authority responded.
To conclude: YES, you can submit independent specialist reports both during an EHC needs assessment and as part of your child’s EHCP Annual Review.
The relevant legislation and statutory guidance emphasise the importance of considering evidence, involving parents and making decisions that reflect the individual needs of the child or young person.
The Local Authority is not automatically required to agree with every recommendation or fund every independent assessment. However, relevant evidence you provide should be properly considered when the Local Authority makes decisions about your child’s assessment, EHCP and special educational provision.
If you believe an independent report identifies needs or support that are missing from your child’s EHCP, you can use that evidence to explain why you believe the plan should be reviewed or amended.
Read the SEND Code of Practice on GOV.UK
Emma Puttock
Children’s Occupational Therapist & MD