This guide is for England only. It is for general information — not legal advice for your specific case. Always consult your local SENDIASS (free, independent advice for parents) or a regulated specialist before taking legal action.
Requesting an EHCNA: How to Force an Assessment
If your child has significant needs that are not being met by what the school can provide, you have the right to ask the Local Authority to carry out a formal needs assessment — even if the school has said no, or no one has suggested it.
"You do not need the school's permission to request an EHCNA. You do not need their support. You write directly to the Local Authority — and the law requires them to consider your request."
The May Test (Section 36(8), Children and Families Act 2014)
When your request lands with the LA, they must decide whether it is necessary to carry out an EHC needs assessment. This decision is governed by the May Test:
The test the LA must apply:
Does this child have or may have special educational needs — and may it be necessary for special educational provision to be made for them through an EHCP?
The threshold is "may" — not "definitely has", not "certainly needs". If there is any reasonable possibility that your child has SEN and may need an EHCP, the LA must assess. A refusal based on insufficient evidence is often unlawful.
The 20-Week Statutory Timeline
Parent submits EHCNA request letter to LA
LA must decide whether to assess (the "May Test"). If refused, you have the right of appeal to SEND Tribunal.
LA must complete assessment and decide whether to issue an EHCP
Final EHCP must be issued — this is an absolute statutory deadline
Statutory deadline: 20 weeks from date of request
If your LA misses this deadline, you can challenge via Judicial Review or complain to the Local Government Ombudsman. Keep records of every date. Your letter creates the clock.
Your Request Letter: What It Must Include
Free Download: EHCNA Request Letter Template
A legally grounded template you can adapt and send today. Covers all the required elements.
Writing Your Parental Views (Section A)
If the LA agrees to assess, you will be asked to submit your parental views. Section A is your child's autobiography within the legal document. It is both humanising and strategic — use it to counter the picture that "masks" your child's difficulties at school.
Part 1: The Whole Child
Begin with what makes your child wonderful. Are they creative, deeply empathetic, gifted with animals, brilliant at building? Do not let the document become a list of deficits.
Part 2: The Hidden Reality
Describe the biological cost of their day. What does post-school collapse look like? Document the night terrors, physical sickness on Sunday evenings, the withdrawal, the self-harm. This is the evidence that shatters the "fine in school" myth.
Part 3: Your Child's Voice
Include your child's own words wherever possible. What do they say school feels like? Even a few sentences from the child themselves carry significant weight at every stage of this process, including Tribunal.
If they refuse to assess:
Do not accept it as final. The parental appeal success rate at SEND Tribunal for refusal to assess is approximately 96%. Most refusals are overturned. See Section 3.5 for the Tribunal process.