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The legal test for issuing an EHC plan (section 37(1))

After an EHC needs assessment, the council must decide whether to make an EHC plan. The test is whether, in the light of the assessment, it is necessary for special educational provision to be made through a plan. If it is, the council must make one. If the council decides a plan is not necessary, it must give its reasons and tell the parent or young person within 16 weeks of the request. That decision can be appealed to the SEND Tribunal. Plenda never says whether the test is met.

Type of rule
Law (Act or Regulations)
Rule id
legal_test_s37_1
Rules version
england-2026.10
Law as at
30 September 2026

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