How to Apply for an EHCP as a Parent: A Step-by-Step Guide

You do not need the school's permission to request an EHCP assessment. This guide walks you through the process, the legal timelines, and how to write a request that Local Authorities cannot ignore.

An Education, Health and Care Plan (EHCP) is the most powerful legal document available to a child with Special Educational Needs in England. It is a legally binding document that specifies your child's needs, the provision that must be made to meet those needs, and the educational setting where that provision will be delivered. Once in place, the Local Authority is legally required to arrange and fund everything written in Section F.

However, getting an EHCP is not easy. Local Authorities routinely refuse to carry out assessments, often citing budget constraints or claiming that the child's needs can be met from the school's existing resources. This guide explains how to make a request that is difficult to refuse — and what to do if it is refused anyway.

Who Can Request an EHCNA?

Any parent or carer of a child aged 0-25 in England can request an Education, Health and Care Needs Assessment (EHCNA) directly from their Local Authority. You do not need the school's agreement, support, or involvement to make this request. The school can also request one, as can a young person aged 16 or over.

The Legal Test for an Assessment

The legal test for whether a Local Authority must carry out an assessment is deliberately low. Under Section 36 of the Children and Families Act 2014, the LA must carry out an assessment if it is necessary for them to do so to determine whether an EHCP is needed. The threshold is simply whether the child "has or may have" SEN and "may need" provision through an EHCP.

The LA does not need to be certain that an EHCP is required — only that it may be needed. This means that a well-evidenced request from a parent should almost always meet the threshold for an assessment.

How to Write a Strong EHCNA Request

Your request letter should be sent directly to the SEN department of your Local Authority (not to the school). It should be clear, factual, and evidence-based. Include the following: a description of your child's needs and how they affect their ability to access education; evidence of what the school has already tried (and why it is not enough); any medical or professional reports you have; and a clear statement that you are formally requesting an EHC Needs Assessment under Section 36 of the Children and Families Act 2014.

The Legal Timeline

• •The LA must decide whether to carry out an assessment within 6 weeks of receiving your request.
• •If they agree to assess, the full assessment must be completed within 20 weeks of your original request.
• •Within those 20 weeks, the LA must issue a draft EHCP (if they decide one is needed) and give you 15 days to comment.
• •The final EHCP must be issued within 20 weeks of the original request.

What if the LA Refuses to Assess?

If the Local Authority refuses to carry out an assessment, they must write to you explaining why. This letter gives you the right to appeal to the First-tier Tribunal (SEND). Over 95% of appeals that reach the Tribunal are won by parents. Before appealing, you must contact an independent mediation service (details will be in the refusal letter) to obtain a Mediation Certificate. You then have one month to submit your appeal.

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