Using private assessments and reports in an EHCP process

Can you submit a private report?

Yes. Regulation 7 of the SEND Regulations requires the local authority, when carrying out an EHC needs assessment, to consider information provided by or at the request of the child, parent or young person. That can include privately commissioned educational psychology, speech and language therapy, occupational therapy or other relevant professional evidence.

Does the local authority have to follow every recommendation?

No report automatically decides the outcome on its own. The authority must consider the relevant evidence as part of the assessment and make its decision under the statutory framework. If it disagrees with an important recommendation, it is reasonable to ask how the conflicting evidence has been evaluated.

Can a private report replace fresh statutory advice?

Sometimes. Regulation 6 says the authority must not seek further advice in certain categories if advice has already been provided and the professional who provided it, the local authority, and the parent or young person are all satisfied that the existing advice is sufficient for the EHC needs assessment.

That means a recent private report may be capable of being used, but sufficiency is important. The authority may still seek further advice where the existing report does not cover what the assessment requires.

What makes a report useful?

• It is recent enough to reflect the child or young person’s current presentation.
• It explains the evidence and assessment methods used.
• It identifies educational impact, not only a diagnostic label.
• Recommendations are linked clearly to identified needs.
• Provision recommendations are specific enough to be understood and implemented.
• Where relevant, the report addresses frequency, duration, staffing, expertise and review.

What to do when submitting the report

1. Email the full report to the EHC case officer.
2. State that you are submitting it as evidence for the EHC needs assessment or review.
3. Ask for confirmation that it has been added to the case file and shared with relevant advisers.
4. Identify any recommendations you particularly want reflected in Sections B or F.
5. Keep the original and the submission email.

Do you need a private assessment?

Not necessarily. Families should not feel that they must pay for private evidence simply to access the statutory process. Consider first what evidence already exists, what gap you are trying to fill, and whether the local authority’s assessment is already obtaining appropriate advice.

If you do commission a private professional, check their qualifications, registration where relevant, experience with children and SEND, and whether they understand the purpose of the report.