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<p>As set out in the Children and Families Act 2014, local authorities must assess
the need for an education, health and care (EHC) plan where a child or young person
has or may have special educational needs, and where it may be necessary for special
educational provision to be made in accordance with an EHC plan. A medical diagnosis
of an illness or disability is not required to secure an EHC needs assessment or final
EHC plan.</p><p>The special educational needs and disabilities Code of Practice sets
out that local authorities may develop criteria as guidelines to help them decide
when it is necessary to carry out an EHC needs assessment (and following assessment,
to decide whether it is necessary to issue an EHC plan). However, local authorities
must be prepared to depart from those criteria where there is a compelling reason
to do so, in any particular case, and demonstrate their willingness to do so where
individual circumstances warrant such a departure. Local authorities must not apply
a blanket policy to particular groups of children or young persons or certain types
of need, as this would prevent the consideration of a child’s or young person’s needs.</p>
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