An Education, Health and Care (EHC) needs assessment may be required for children and young people with SEND aged 0 to 25 years who:

• Have severe and/or complex long term needs which affect everyday life.
• Require provision and resources which are above those normally available at their early years setting, school or college within SEND Support through the Torbay SEND Support and Provision – Graduated Response. 
• Require intensive and longer term help and support.
• Is making limited or no progress despite high levels of support and purposeful interventions.

The law states that if your child has or may have special needs and may need SEN provision to be made through an EHCP; the local authority must conduct an EHC needs assessment.

The SEND Code of Practice: a guide for health professionals also says that there must be a local area process for the early identification of children and young people with SEND. This is the Torbay early identification process agreed by Torbay Council and South Devon Foundation Trust.