How to get an EHCP: the assessment process explained

A parent can ask their local authority to carry out an EHC needs assessment. You do not need the school's permission, a diagnosis or a particular local-authority form to make the request.

The legal question is whether the child or young person has or may have special educational needs and whether it may be necessary for provision to be made through an EHC plan.

This guide covers England and is general information, not legal advice.

1. Decide whether an assessment may be needed

An assessment may be appropriate where a child is not making expected progress despite relevant support, needs provision the school cannot reliably arrange through SEN Support, or requires coordinated education, health and social-care assessment.

The threshold is not "prove an EHCP is definitely necessary". Section 36 of the Children and Families Act uses the words "has or may have" SEN and "may be necessary" for provision to be made through a plan.

2. Make the request in writing

Send the request to the local authority responsible for the child or young person. A parent, a young person over compulsory school age or someone acting for a school or post-16 institution can request an assessment.

Include:

• the child's name, date of birth and address
• the school or setting attended
• a clear request for an EHC needs assessment under section 36
• a description of needs and their effect on learning or participation
• support already tried and what happened
• relevant reports, records and parent or child views
• your contact details

IPSEA publishes a free model request letter. Keep the request and proof of delivery.

3. Do not wait for unnecessary preconditions

The local authority cannot lawfully insist that:

• only the school can request
• the school must first spend £6,000
• a set number of APDR cycles must be completed
• the child must have a diagnosis
• an educational psychologist report must already exist

Those items may provide useful evidence, but they are not the statutory test. The assessment itself is how the local authority gathers educational psychology, health, social-care and other advice.

4. Track the six-week decision

The local authority must notify you within six weeks whether it will assess.

If it agrees, it must seek advice from you, the education setting, an educational psychologist, health, social care and others required by regulation 6. It must also seek advice from a person you reasonably request.

Bodies asked for advice normally have six weeks to respond. The local authority remains responsible for the overall process.

5. Take part in the assessment

Use the assessment to make the needs and provision clear. Send current evidence rather than a large undirected bundle.

Useful evidence can include:

• attainment and progress information
• school support plans and review records
• attendance or exclusion information where relevant
• professional advice
• examples showing the effect of needs at home and school
• the child or young person's views and aspirations
• provision tried, its frequency and its impact

Ask for copies of advice gathered during the assessment. Check that it describes needs, intended outcomes and the provision required.

6. Understand the plan decision

After assessing, the local authority decides whether it is necessary to issue an EHC plan.

If it decides not to issue, it must notify you within 16 weeks of the original request and explain appeal rights. If it decides to issue, the final plan is due within 20 weeks, subject to limited statutory exceptions.

An assessment does not guarantee a plan. The plan decision uses the evidence collected during the assessment.

7. Review the draft carefully

The draft should leave Section I blank while you comment and request a school or college. You must receive at least 15 days to:

• make representations about the content
• ask for a meeting with the local authority
• request a particular placement

Cross-check the advice in Section K against needs in Section B, outcomes in Section E and provision in Section F. Use the draft EHCP review guide rather than reading each section in isolation.

8. Challenge a refusal when needed

A refusal to assess carries a right of appeal to the SEND Tribunal. Most appeals require a mediation certificate first, although attending mediation is not compulsory.

The Tribunal must normally receive the appeal within two months of the date on the decision letter or one month from the mediation certificate, whichever is later. A refusal-to-assess appeal uses form SEND35A.

Read the refusal-to-assess guide before filing.

Unisen helps families keep the request, evidence, statutory dates and draft comments together.

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