You've decided your child needs more support than the school can provide. Maybe the SENCO agrees with you. Maybe they don't. Either way, you've heard about EHCPs and you want to know how to get one.
The good news: you can request an EHC needs assessment yourself. You don't need the school's permission. You don't need a diagnosis. You don't need a specific form. And you don't need to wait any particular length of time.
Here's how to do it properly.
Who can request an assessment?
Three groups of people can request an EHC needs assessment under section 36 of the Children and Families Act 2014:
- You (the child's parent or the young person themselves if over 16)
- The school or college your child attends
- Any professional working with your child (doctor, therapist, health visitor)
Most requests come from schools, which make about 63% of all requests. Parents make about 29%. But here's the thing: parent requests are just as valid as school requests. The law doesn't distinguish between them.
If your school won't request one, do it yourself. Don't wait for their agreement.
What to include in your request
Your request letter should cover three things clearly.
First, describe your child's needs. Be specific about what they struggle with and how it affects them at school and at home. Don't just list diagnoses. Describe what actually happens day to day.
Instead of "my child has autism," write something like: "My child can't follow multi-step instructions without individual support. In class, when the teacher gives the whole group an instruction, my child sits and waits because they can't process what's been asked. A teaching assistant has to repeat every instruction individually."
Second, explain what support is already in place and why it isn't enough. This is where you show that SEN Support has been tried. List the interventions, how long they've been in place, and what the outcomes have been.
Third, describe the impact on your child's education, health, and wellbeing. Include anything relevant: anxiety about school, friendship difficulties, physical health needs, the effect on siblings and family life.
- Your child's full name, date of birth, and school
- A clear description of their needs across all areas (learning, communication, social, sensory, physical)
- What support is currently in place and how long it's been running
- Why current support isn't enough with specific examples
- Professional involvement (list every professional working with your child)
- Any reports or assessments you have (attach copies)
- The impact on daily life at school and at home
Your request doesn't need to be formal or use their terminology.
You don't need to use your LA's form. IPSEA has template letters for requesting an assessment. A well-written letter with clear evidence can be more effective than a council form that asks the wrong questions.
You don't need a diagnosis
This comes up again and again, so it's worth repeating. There is no legal requirement for your child to have a diagnosis before you request an EHCP assessment.
The SEND Code of Practice is clear: the EHCP system is needs-based, not diagnosis-based. A child waiting two years for an autism assessment can still have an EHCP if their needs require it.
Similarly, there's no requirement for:
- A minimum time on SEN Support (some LAs ask for "six terms" - this isn't law)
- The school to have spent £6,000 first (this is a funding myth, not a legal threshold)
- An educational psychology report before requesting (the LA arranges this as part of the assessment)
If your LA tells you any of these are required, they're applying unlawful criteria. You can challenge it.
What evidence strengthens a request?
The strongest requests combine professional evidence with detailed parent evidence. Here's what carries the most weight:
Professional reports and letters. Ask every professional working with your child to provide a letter or report. Speech therapists, occupational therapists, paediatricians, CAMHS workers, physiotherapists. A letter that says "in my professional opinion, this child's needs cannot be met within a mainstream school's own resources" is powerful.
School records. SEN Support plans, Individual Education Plans (IEPs), progress data, SATs results, incident logs. These show what's been tried and whether it's working.
Your own evidence. A parent's perspective is legally valid evidence. Write about your child's daily routine, what happens without support, the impact on the family. Keep a diary for a few weeks if you can, noting specific incidents, meltdowns, refusals, and the help you have to provide.
Attendance records. If your child's attendance has dropped because of unmet needs, anxiety, or health issues related to their disability, this is directly relevant.
Multiple sources pointing to the same need are hard for an LA to ignore. One report might be dismissed. Five reports all saying the same thing can't be.
How to send your request
You can send your request by:
- Email to your LA's SEN team (find the address on your council's Local Offer website)
- Letter posted to the SEN department
- Your LA's online portal if they have one (but you're not required to use it)
IPSEA confirms there is no required form, format, or method. A request can't be rejected because you didn't use a specific form or portal.
Keep a copy of everything you send, and note the date. The 6-week clock starts from when the LA receives your request. If sending by post, use recorded delivery.
What happens after you request
Once the LA receives your request, a strict timeline kicks in.
That initial 6-week decision window is the critical deadline.
If your request is refused
About half of parent requests are refused. That doesn't mean the refusal is right.
Read the refusal letter carefully. The LA must give reasons. Check those reasons against the legal test: does your child have or may have SEN, and may it be necessary to make provision through an EHCP?
If the refusal uses unlawful criteria (diagnosis required, not enough time on SEN Support, £6,000 threshold), write back pointing this out and asking the LA to reconsider using the correct legal test.
If the LA maintains its refusal, you can appeal to the SEND Tribunal. You'll need to contact a mediation adviser first (details on the refusal letter) to get a mediation certificate. You can decline actual mediation and get the certificate within 3 working days.
Don't let a refusal letter stop you. The tribunal exists precisely because LAs get these decisions wrong.
Getting help with your request
IPSEA has template letters for requesting an EHC needs assessment and can advise on what evidence to include. Their legal advice line is free.
Your local SENDIASS can help you write the request, gather evidence, and understand the process. They're in every local authority area and the service is free.
SOS!SEN runs a free helpline and workshops on the EHCP process, including how to write effective requests.
How our free tool can help
The AI assistant at SEND Parents Help covers the entire EHCP process in depth. You can ask it to help you think through your request, check whether your LA's response is lawful, or understand what happens at each stage.
It can also help you frame your evidence in terms the LA will recognise, using the language of the SEND Code of Practice.
Don't wait for permission
If you think your child needs an EHCP, you have every right to request an assessment. You don't need the school to agree. You don't need a diagnosis. You don't need to have tried every possible intervention first.
The legal test is low. The process has clear deadlines. And if the LA gets it wrong, the tribunal is there to put it right.
Write the letter. Send the evidence. Start the clock.
Sources and further reading
Legislation and official guidance
- Children and Families Act 2014, section 36 (the legal test for EHC needs assessment)
- SEND Code of Practice (statutory guidance on the assessment process)
- Appeal an EHCP decision (SEND Tribunal information)
Statistics
- SEND Tribunal Statistics, 2024-25 (appeal success rates)