How to request an EHC needs assessment
A step-by-step guide to requesting an Education, Health and Care needs assessment from your local authority.
How to request an EHC needs assessment
An EHC needs assessment is the formal process that can lead to your child getting an Education, Health and Care Plan (EHCP). The plan is a legally binding document that sets out what support your child must receive.
Anyone can request an assessment. You do not need the school's permission. You do not need a diagnosis. You need to show that your child may have special educational needs that cannot be met through the support the school normally provides.
Who can request an assessment
- You, as the parent or carer
- Your child's school or nursery
- A health professional involved with your child
- Your child themselves, if they are over 16
Most parents make the request themselves. This is your right under Section 36(1) of the Children and Families Act 2014.
What you need to include
Your request should be a letter or email to your local authority's SEN team. Include:
- Your child's full name, date of birth, and school
- A clear statement that you are requesting an EHC needs assessment under Section 36 of the Children and Families Act 2014
- A description of your child's difficulties and how they affect their learning
- What the school has already tried (the graduated approach) and why it has not been enough
- Any professional reports you have, such as from an educational psychologist, speech therapist, or paediatrician
You do not need professional reports to make the request. Your own observations as a parent are valid evidence. If you have reports, include them. If you do not, make the request anyway.
Step by step
Collect anything that shows your child's needs: school reports, IEPs (Individual Education Plans), letters from professionals, and your own notes about what you see at home. If the school has a SEN Support plan, ask for a copy.
Address it to the SEN team at your local authority. State clearly that you are requesting an EHC needs assessment. Describe your child's needs and what has been tried so far.
SpektraBot can draft this letter for you. Just ask: 'Can you write me a letter requesting an EHC needs assessment?'
Email is best because it gives you a record with a date stamp. If you post it, use recorded delivery. Keep a copy of everything you send.
The local authority has 6 weeks to decide whether to carry out the assessment. They must tell you their decision in writing. If they decide not to assess, they must explain why and tell you about your right to appeal.
The assessment process should be completed within 20 weeks from the date they decided to assess. During this time, the local authority will gather information from you, the school, and relevant professionals.
The legal test
The local authority must agree to assess if there is evidence that your child may have special educational needs, and it may be necessary for special educational provision to be made through an EHCP.
The word 'may' matters. The threshold is low. The LA does not need to be certain your child needs an EHCP. They only need to accept it is possible.
Some local authorities apply an unlawfully high threshold, such as requiring a diagnosis or insisting the school must have spent a certain amount of money first. These are not valid reasons to refuse. If your request is refused on these grounds, you have strong grounds for appeal.
Common mistakes to avoid
- Waiting for the school to agree: You do not need the school's permission or support. You can request directly.
- Assuming you need a diagnosis: An assessment is based on need, not diagnosis. A child without a diagnosis can still get an EHCP.
- Not keeping records: Always keep copies of everything you send and receive. Date everything.
- Being too vague: Be specific about your child's difficulties and what support has not worked.
What happens next
If the local authority agrees to assess, they will gather evidence over the following weeks. You will be asked for your views. The school will provide information. Professionals like educational psychologists may assess your child.
At the end of the process, the local authority will either:
- Issue a draft EHCP for your comments, or
- Decide not to issue a plan (and explain why)
If they refuse to assess, see What to do if the LA refuses to assess.
Try asking this question in a chat:
“Can you help me write a letter requesting an EHC needs assessment for my child?”