Rulebook · Way to challenge
A new request for an assessment or re-assessment
Asking the council for an EHC needs assessment or re-assessment, for the first time or again. A repeat request often comes with new evidence or after things have changed. A parent, a young person, or the school or college can ask for an EHC needs assessment. The council must decide within 6 weeks. For a child or young person with a plan, a request to re-assess gets a decision within 15 days.
Who can use it: For an EHC needs assessment: the parent of a child, a young person, or a person acting for a school or college. For a re-assessment: the parent or young person, or the governing body, proprietor or principal of the school or college the child or young person attends. Time limit: There is no fixed waiting time before asking again for a first assessment. If there was an assessment in the 6 months before, the council does not have to send its usual notice saying it is considering an assessment and inviting views and evidence. It must still consult the parent or young person and decide whether to assess. For a re-assessment, the council may refuse a request made within 6 months of the last assessment or re-assessment.
- Alongside other ways
- Yes. A new request can be made while an appeal on an earlier decision is still possible, but the two are separate.
- Cost
- Free.
What it can do
- A decision on the request, based on the evidence now available.
- If the council refuses, the decision can be appealed, with its own time limit.
What it cannot do
- It does not change or reopen any earlier decision.
- It does not stop or extend the time limit for appealing any earlier decision.
- For a re-assessment, the council can refuse if it carried out an assessment or re-assessment in the 6 months before the request.
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
route.new_request- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 36(1)Law (Act or Regulations)
- Children and Families Act 2014, s 36(3)Law (Act or Regulations)
- Children and Families Act 2014, s 36(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 5(1)Law (Act or Regulations)
- Children and Families Act 2014, s 36(6)Law (Act or Regulations)
- Children and Families Act 2014, s 36(7)Law (Act or Regulations)
- Children and Families Act 2014, s 44(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 24Law (Act or Regulations)
- SEND Regulations 2014, reg 25(1)Law (Act or Regulations)
Related
If you think this rule is wrong or out of date, please tell us. A person reads every report.