When parents begin their journey seeking special educational needs (SEN) support for their child, or when a young person seeks support for themselves, professional advice is often one of the first steps. Although a diagnosis or expert report is not required to request an Education, Health and Care Needs Assessment (EHCNA), independent assessments frequently play a crucial role in understanding a child’s difficulties and informing each stage of the statutory process.
Whether you are preparing to request an assessment, challenging a Local Authority (LA) decision, or reviewing an existing Education, Health and Care Plan (EHCP), understanding the value of expert evidence – and avoiding common misconceptions – is essential. Below, we debunk one of the most widespread myths in the SEN world and explain why commissioning the right expert assessor matters more than ever.
Myth: “Local Authorities do not accept independent expert reports.”
This misconception circulates widely, but it is wrong.
Local Authorities must consider independent expert reports
The Special Educational Needs and Disability Regulations 2014 give parents and young people the right to submit information and advice as part of an EHCNA.
There is nothing in the law that allows a Local Authority to operate a blanket policy refusing independent assessments.
If your Local Authority states, or implies, that it “does not accept” private reports, this may be unlawful.
HCB Solicitors can assist in challenging such policies, ensuring all relevant evidence is properly considered.
Commissioning Expert Reports: What Parents and Young People Should Consider Choosing the right professional is critical. A weak or poorly-constructed report can negatively affect an EHCP, delay support, or undermine an appeal. Before commissioning an assessment, consider the following:
1. Who will actually carry out the assessment?
Always check:
- The assessor’s name
- Their credentials
- Their experience with children and young people with SEN
A report is only as strong as the expertise behind it.
2. What are their qualifications and specialisms?
The assessor must hold the correct professional qualifications for the assessment required—for example:
- Educational Psychologist
- Clinical Psychologist
- Paediatrician
- Speech and Language Therapist
- Occupational Therapist (including sensory integration training, if needed)
Some assessments require specific training or certification. Without this, the results may hold limited weight.
3. Are they qualified to perform the specific assessment you need?
Even highly qualified clinicians may not be able to administer:
- Cognitive assessment batteries
- The ADOS
- Sensory processing tools
Specialist language and communication assessments Professionals should also be needs-led, not diagnosis-led—meaning they must describe:
- The child’s functional profile
- Required support and strategies
- Recommendations for educational provision
A report that diagnoses but does not identify provision is of limited use in the EHCP process.
4. Do they follow a multidisciplinary or integrated assessment model?
Best practice, especially for Autism assessments, involves taking a multidisciplinary approach.
The NICE Guidelines specify that autism assessments should draw on a range of professional perspectives, typically including:
- A Paediatrician and/or Child and Adolescent Psychiatrist
- A Speech and Language Therapist
- A Psychologist experienced with autistic children and young people
This approach produces a more complete picture across:
- Communication
- Cognition
- Behaviour
- Sensory processing
- Executive functioning
- Emotional and social development
A holistic report strengthens EHCP evidence and supports clear recommendations.
5. “NHS Standards”: What does this term actually mean?
Recently, some assessment services or individuals market themselves as following “NHS standards” or “clinical standards,” implying a sort of legitimacy above and beyond independent reports. There is no statutory or regulatory requirement that non-NHS private assessors must meet a mysterious “NHS standard,” and the term is not well defined in practice.
Circling back to Autism assessments, The NHS’ National Framework and operational guidance for autism assessment services identifies the following:
“NICE guidelines remain the primary source of information to inform decisions about how to apply evidence to service design and delivery. Compliance with NICE guidelines should always inform decision making about design and delivery of a service and purchasing of assessment services from other NHS or independent services. Clear, accurate, current and accessible information about the extent to which each service providing autism assessments complies with NICE guidance should be available to inform people’s choices.”
The real test is what training/qualifications, experience, peer-reviewed methodology, supervision, and quality assurance processes underpin the assessor’s work? Unfortunately, we are seeing a rise in unqualified or under-qualified individuals performing assessments (especially in relation to Autism assessments), which sometimes leads to weak reports, incorrect diagnoses, or limited efficacy (for example, no actionable strategy or connection to educational need).
When a report merely states a diagnosis but fails to say how to manage that child’s or young person’s needs in school, or does not identify provision to meet those needs, ultimately, it raises more questions than answers and for the purpose of the statutory assessment, it undermines the efficacy of the EHCP.
Why High-Quality Reports Matter in the SEN System
A robust expert report can dramatically influence outcomes across the SEN process—even before an EHCNA request.
1. Actionable, evidence-based recommendations
A strong report should provide:
- Detailed needs analysis
- Specific educational or therapeutic recommendations
- Measurable outcomes
- Strategies for home and school
This becomes essential evidence for Section F of an EHCP (special educational provision).
2. Supports accurate EHCP drafting or amendment
Expert reports help ensure:
- All needs are fully identified
- Provision matches each need
- Recommendations specify who delivers support, how often, and in what setting
This prevents vague or incomplete EHCPs that fail children in practice.
3. Reduces the risk of rejection or dispute
Local Authorities scrutinise:
- Assessor qualifications
- The report’s depth
- Relevance
- Methodology
A strong, credible report strengthens your position during decision-making and appeals.
How HCB Solicitors Can Support You
If you are facing challenges—such as difficulty obtaining assessments, uncertainty about which professionals to instruct, or resistance from the Local Authority, our specialist SEN law teams can help by:
- Advising parents and young people on appropriate assessments for their situation
- Challenging unlawful Local Authority policies, including refusals to accept independent reports
- Supporting appeals and Tribunal cases with expert legal guidance