Explain
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
Sources
- Children and Families Act 2014, s 37(1)Law (Act or Regulations)
- Children and Families Act 2014, s 36(9)Law (Act or Regulations)
- SEND Regulations 2014, reg 10(1)Law (Act or Regulations)
- Children and Families Act 2014, s 51(2)(b)Law (Act or Regulations)
Related
- The legal test for an EHC needs assessment (section 36(8))
- EHC plan (education, health and care plan)
- Decisions that can be appealed to the SEND Tribunal
- Time limits for assessments and plans (6, 16 and 20 weeks)
In an assistant, the ehcp_check_letter tool helps with this: Check a council letter.
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