Rulebook · What a local authority letter includes

Whether the reasons refer to the legal test for an assessment (section 36(8) of the Children and Families Act 2014)

Whether the reasons refer to the legal test for an assessment (section 36(8) of the Children and Families Act 2014). Reasons that name the test or use its words, and say how the evidence was weighed against it, let the family compare the decision with the law. A reason the reasons check finds to be part of the test counts here too.

"Resources normally available" counts here because it goes to whether a plan may be needed, but it is the Code's wording for the later decision on whether to issue a plan; section 36(8) asks only whether a plan may be needed. Not required by law: good practice.

Part of the letter: Decision not to carry out an EHC needs assessment.

Type of rule

Good practiceGood practice: helpful, not required by law.

Rule id

notice.decision_not_to_assess.reasons_refer_to_test

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 36(8)Law (Act or Regulations)
• Children and Families Act 2014, s 36(5)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.55Code of Practice: should (follow unless there is a good reason not to)

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