None of these are lawful criteria when considering a decision on whether or not to assess for an EHCP. There are only two legal criteria the LA should consider, contained in Section 36 (8) of the Children and Families Act 2014. The LA must conduct an EHC needs assessment if
a) the child or young person has or may have special educational needs, and
b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.