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DEFINITIONS HUB
The clinical vs. academic distinctions

1. The Legal Clock

The Law is clear: the EHCP process must take no longer than 20 weeks.

  • Week 6: Decision to assess.

  • Week 16: Draft Plan issued.

  • Week 20: Final Plan issued.

Expert Note: You have the legal right to submit independent evidence (Regulation 6). The Local Authority must consider it.

2. Choosing Your Expert

Not all assessments carry the same weight in a legal setting.

The Professional

 
Level 7 Assessor
Educational Psychologist (EP)
 
STUCKHUB
Role
 
Specialist Teacher & Assessor
 
Clinical Expert
 

Lead Consultant

Best For...


Literacy, Dyslexia and Exam Access.

Complex needs and Clinical Evidence.


Strategy, Advocacy, and the 360° Roadmap.

Legal Weight
 

 

Moderate (School level)
 

 

 

High (Tribunal level)
 

 

Strategic (The Bridge)

3. The Evidence Trap

Do not buy twice. Many parents commission a Level 7 report because it is faster, only to have the Local Authority reject it for being "insufficiently clinical."

STUCKHUB Advice: If you are seeking statutory funding (EHCP), invest in an Educational Psychologist from the start. It is the only way to ensure your evidence is "Tribunal-ready."

 

 

4. Key Terms

  • Dyslexia: A processing difference affecting reading and spelling fluency.

  • SEN: Any difficulty requiring support "additional to or different from" standard teaching.

  • Learning Difficulty: A legal status defined by the Children and Families Act 2014. It exists when a child requires support that is "additional to or different from" their peers.

  • Barriers to Learning: The specific obstacles (cognitive, emotional or environmental) that prevent a child from making progress. STUCKHUB specialises in identifying these barriers to prove the legal need for support.

  • Screening: A "probability" test, not a diagnostic test. It indicates a child might have a difficulty but does not prove it.

  • Diagnostic: A formal, legal conclusion.

  • The Graduated Response: The "Assess, Plan, Do, Review" cycle. By law, schools must prove they have tried this before they (or you) can ask the LA for extra funding.

  • Cognitive Profile: A map of how a child’s brain works (memory, speed, reasoning). A "spiky profile" means they are very bright in some areas but "stuck" in others.

  • Reasonable Adjustments: Changes a school is legally required to make under the Equality Act 2010 to ensure a child with a disability is not disadvantaged.

  • Provision: The specific help a child gets (e.g., 1-to-1 support, a laptop, or speech therapy). If it isn't in "Section F" of an EHCP, it isn't legally guaranteed.

SEND "Myth-Busters"

🚫 Myth 1: "We need to wait for a diagnosis before we can provide support."

The Law: Support is triggered by identified need, not a label. The "Graduated Response" must start as soon as a barrier is spotted.

How STUCKHUB Resolves This: We provide an immediate Preliminary Needs Analysis (PNA). This creates a "Paper Trail of Need" that schools cannot ignore, forcing the start of support months before a formal diagnosis arrives.

🚫 Myth 2: "Your child is at age-related expectations, so they don’t have SEN."

The Law: High intelligence can mask SEN. The law protects children with "spiky profiles" who are under-performing relative to their actual potential.

How STUCKHUB Resolves This: We conduct a deep-dive investigation into Cognitive vs. Attainment gaps. We show the school the "hidden cost" your child is paying—such as fatigue or anxiety—to stay "average," and we build the case for high-level support

🚫 Myth 3: "The school has to spend £6,000 of their own money before we can apply for an EHCP."

The LawThere is no "spending threshold" in the Children and Families Act 2014. The only criteria for an EHCNA is that the child may need more support than a mainstream school can typically provide.

How STUCKHUB Resolves This: We audit the school’s current provision. If the school is "stuck," we draft the EHCNA Request using language that proves the child's needs exceed the standard budget, bypassing the "£6,000" gatekeeping.

 

🚫 Myth 4: "We can't apply for an EHCP because the Educational Psychologist hasn't visited yet."

The Law: You do not need a private report to apply. The Local Authority has a statutory duty to provide an EP assessment if they agree to the EHC Needs Assessment.

How STUCKHUB Resolves This: We act as the Evidence Architect. We gather the school's internal data and your parental insights to build a "threshold-crossing" application. This ensures the LA must agree to assess, which then triggers the free EP assessment you are entitled to.

🚫 Myth 5: "An online screening test is all the evidence I need to show the school."

The Law: Schools and LAs require "robust and defensible" evidence aligned with the UK's National Curriculum and the SEND Code of Practice 2015.

How STUCKHUB Resolves This: We replace generic "automated" screeners with a bespoke Preliminary Needs Analysis (PNA). Our assessments are built specifically for the UK system, ensuring the data you present is recognised and respected by SENCOs and LAs.

⚠️ Professional Warning: Be cautious of online screening tests from non-UK companies. These are often generic and not aligned with UK curriculum expectations or the SEND Code of Practice, making them ineffective for use with UK schools or Local Authorities.

Choosing the Right Path: Diagnosis vs. Direction

 

While a Level 7 Assessor can provide a formal diagnosis of Dyslexia or Dyscalculia, if qualified to do so, a diagnosis alone is often not enough to unlock the support a child truly needs.

The STUCKHUB Difference: We advocate for the Educational Psychologist (EP) route for any child who is "stuck" beyond simple literacy issues. Here is why:

  • Breadth of Evidence: A Level 7 assessor focuses primarily on literacy and phonological processing. An EP looks at the entire cognitive profile, including emotional regulation, executive function and underlying processing speeds that a standard "Dyslexia test" might miss.

  • Local Authority Impact: For EHCP applications and Tribunals, an EP report carries significantly more weight. LAs often view Level 7 reports as "private tuition assessments" rather than "clinical evidence."

  • Future-Proofing: A Level 7 report is excellent for Exam Access Arrangements (like extra time), but an EP report provides the clinical foundation needed for long-term statutory support and complex school placements.

 

The STUCKHUB Advice: If you are looking for a "label" to explain why spelling is difficult, a Level 7 is appropriate. However, if your child is struggling across the board, or if you are preparing for a legal battle for support (EHCP), an Educational Psychologist is a vital investment.

IMPORTANT: Assessment for EHCP Applications

The "Legal Weight" Limitation

If you are commissioning a private assessment specifically to support an application for an EHC Needs Assessment (EHCNA) or for use in a SEND Tribunal, please be aware of the "Clinical Weight" factor.

While Level 7 Specialist Teacher reports are excellent for school-level interventions and Exam Access Arrangements, they are often rejected by Local Authorities as "insufficient clinical evidence" for statutory funding.

To ensure your evidence is robust and defensible under the Children and Families Act 2014, STUCKHUB strongly recommends the Educational Psychologist (EP) route. Investing in the correct level of clinical expertise at the start prevents the common (and costly) mistake of having to pay for a second, more advanced assessment when the first is dismissed by the Local Authority.

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STUCKHUB can help those in BLUE

What happens in an EHC Needs Assessment?

by IPSEA The 'Independent Provider of Special Education Advice'

registered charity (number 327691) operating in England

 

 

The EHC Needs Assessment: What the Law Requires

Based on guidance from IPSEA (Independent Provider of Special Education Advice)

An EHC Needs Assessment is a legal investigation into your child’s education, health, and social care requirements. The Local Authority (LA) holds the legal duty to conduct this; they cannot delegate this responsibility or the cost to your child’s school.

 

 

Who Must Provide Evidence?

By law (Regulation 6(1)), the LA must seek advice from these key sources as a minimum:

  • You: The parental voice and the child’s own views.

  • Education: The Headteacher or Principal of the current school.

  • Medical: Advice from a qualified health care professional.

  • Psychological: Information specifically from an Educational Psychologist.

  • Social Care: An assessment of the home and social environment.

  • Your Choice: Any professional you reasonably request (e.g., an independent specialist you have already worked with like STUCKHUB).

 

⚠️ The STUCKHUB "Health Warning"

The law requires the LA to seek this advice, but it doesn't guarantee the advice will be high-quality or specific.

In practice, social care and health assessments are often overlooked or "desk-based." STUCKHUB ensures your evidence is robust by coordinating these separate threads into one "Defensible Roadmap" that the LA cannot easily dismiss.

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There is always a reason why a younger child has difficulties to learn and I have made it my duty to find out why. JO PACKARD
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