Requesting an assessment without school support

'The school says my child does not need an EHCP.' This is one of the most common things parents say when they contact support services. The good news is clear: you do not need the school's agreement to request an EHC needs assessment.

Your right to request is written into law. The school's opinion is relevant, but it is not a veto.

Your right to request directly

Under Section 36(1) of the Children and Families Act 2014, a parent can request an EHC needs assessment at any time. The request goes directly to the local authority, not through the school. The school does not need to agree, co-sign, or approve your request.

Some schools tell parents they need to 'go through' the school to make a request. This is wrong. While the school will be asked to provide evidence as part of the assessment, the decision to request is yours alone.

Why schools sometimes resist

Schools may push back for several reasons:

• They believe they can meet your child's needs through SEN Support
• They are worried about the cost implications if an EHCP is issued
• They have not fully understood the extent of your child's difficulties
• They are not aware that parents can request directly

None of these reasons prevents you from making a request.

How to build your case without school evidence

If the school is not supportive, you can still make a strong request. Focus on:

Your own evidence:

• Keep a diary of your child's difficulties at home and what they tell you about school
• Note specific incidents: meltdowns after school, refusal to attend, anxiety, or distress
• Record what you see that the school may not, like the effort your child puts in to 'hold it together' during the day

Professional evidence:

• Reports from your GP, paediatrician, or CAMHS
• Private educational psychologist assessments
• Speech and language therapy reports
• Occupational therapy assessments

External evidence:

• Letters from clubs or organisations your child attends
• Evidence from previous schools, if they were more supportive
• Any assessments the school has done (you have a right to see these)

What to say in your request

When writing to the local authority, acknowledge the school's position but present your own evidence clearly:

• State that you are requesting an EHC needs assessment under Section 36(1)
• Describe your child's needs from your perspective as their parent
• Explain what the school has tried and why it has not been enough
• Note if there is a difference between what you see at home and what the school reports
• Attach any professional evidence you have

SpektraBot can draft this letter for you with the right legal references. Ask: 'Can you write me a letter requesting an EHC needs assessment? The school does not think one is needed.'

After you send the request

The local authority must consider your request on its merits. They will ask the school for their views, but they must also consider your evidence and any professional reports.

If the school sends a negative response, the local authority should weigh that against all the other evidence. If the LA refuses to assess, you can appeal to the SEND Tribunal.

Keep the relationship with school

Where possible, try to maintain a working relationship with the school. You may disagree about the need for an EHCP, but you will still need to work with them daily. Focus on your child's needs, not on blame.

If the relationship has broken down, your local SENDIASS can help mediate conversations between you and the school.