How to Apply for an EHCP: Step by Step

If your child has special educational needs that aren't being met by the support their school can provide, you may need to request an Education, Health and Care Plan (EHCP). This guide walks you through the process step by step - from deciding whether to apply to challenging a plan that doesn't go far enough. For background on what an EHCP actually is, see our parent's guide to EHCPs.

When should you request an EHCP assessment?

An EHCP is not the first step in supporting a child with SEN. Schools are expected to provide SEN Support (sometimes called "K code" provision) before an EHCP is considered. You can read more about SEN Support in schools to understand what should already be in place.

You should consider requesting an EHC needs assessment when:

• Your child has been on SEN Support for a sustained period and is still not making adequate progress
• The school has implemented and reviewed multiple cycles of the "assess, plan, do, review" process
• Your child's needs are complex, long-term, or require provision beyond what the school can reasonably fund from its own budget
• Outside professionals (educational psychologist, speech and language therapist, occupational therapist) have been involved and have recommended support that the school cannot deliver
• Your child's difficulties significantly affect their ability to access the curriculum, form relationships, or manage daily school life

You do not need the school's permission or agreement to request an assessment. Parents, carers, young people over 16, and anyone acting on behalf of the child (including health or social care professionals) can make the request directly to the local authority.

Step 1: Gather your evidence

Before writing your request letter, collect as much evidence as possible. The local authority will use this evidence to decide whether to carry out an assessment. Useful evidence includes:

• School records - SEN Support plans, Individual Education Plans (IEPs), provision maps, records of interventions tried and their outcomes
• Professional reports - educational psychologist assessments, speech and language therapy reports, occupational therapy reports, paediatric reports, CAMHS assessments
• Academic data - standardised test scores, reading ages, SATs results, teacher assessments showing lack of progress
• Your own observations - a diary or notes about how your child's difficulties affect them at home, their emotional wellbeing, their ability to complete homework, their social relationships
• Attendance records - particularly if SEN-related difficulties are causing school avoidance or frequent absences

If you don't have professional reports, you can still make the request. The local authority should not refuse to assess simply because a particular report hasn't been obtained - that's part of what the assessment process is for.

Step 2: Write the request letter

Your request letter should be addressed to the SEN department of your local authority. It needs to be clear, factual, and specific. Key elements to include:

• Your child's full name, date of birth, and current 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 special educational needs
• What support the school has already provided and why it has not been sufficient
• How your child's needs affect their ability to learn and participate in school life
• A list of the evidence you are enclosing

Important phrases to include in your letter:

• "I believe my child may have special educational needs which require the local authority to determine the special educational provision necessary"
• "The school has been unable to meet [child's name]'s needs through SEN Support alone, despite [describe interventions]"
• "I request that you carry out an EHC needs assessment under Section 36(1) of the Children and Families Act 2014"

Send the letter by email and keep a copy. If you send it by post, use recorded delivery. Note the date you sent it - the statutory clock starts from the date the local authority receives your request.

Step 3: The 6-week decision

The local authority has 6 weeks from receiving your request to decide whether to carry out an EHC needs assessment. During this period, they will:

• Consult with your child's school (the school must respond within 15 working days)
• Consider the evidence you've provided
• Decide whether there is reason to believe your child may have SEN, and whether it may be necessary for special educational provision to be made through an EHCP

The legal test is deliberately low - the authority must assess if there is reason to think the child may have needs requiring an EHCP, not that they definitely do. This distinction matters if you need to challenge a refusal.

If the LA refuses to assess

If the local authority decides not to carry out an assessment, they must notify you in writing with reasons. You then have two options:

1. Mediation - you can contact a mediation service (the LA's refusal letter must include details) to try to resolve the disagreement
2. Appeal to the SEND Tribunal - you have 2 months from the date of the refusal letter (or 1 month from the mediation certificate, whichever is later) to lodge an appeal. You must contact a mediation adviser before appealing, though you can choose not to proceed with mediation itself.

Refusals are frequently overturned at tribunal. If you believe your child genuinely needs an EHCP, don't be discouraged by an initial refusal.

Step 4: The EHC needs assessment (20-week process)

If the LA agrees to assess, the full process from your initial request to a final EHCP should take no more than 20 weeks. Here's what happens:

Weeks 1–6: Gathering advice

The LA must seek advice from:

• Your child's school or educational setting
• An educational psychologist (the LA commissions this)
• A medical professional (usually a paediatrician or the school health service)
• A social care professional
• Any other professional the LA considers appropriate
• You - the parental advice is your opportunity to describe your child's needs, strengths, aspirations, and what provision you believe they require

Writing your parental advice

This is one of the most important documents in the process. Be thorough and specific:

• Describe a typical day for your child - what they struggle with, what causes anxiety, what they can and cannot do independently
• Explain how their difficulties affect family life, homework, friendships, and self-esteem
• State clearly what support you believe your child needs and in what type of setting
• Include any evidence that supports your account - photos of work, messages from school, records of incidents

Weeks 7–16: LA drafts the plan

Using all the advice gathered, the LA decides whether to issue an EHCP. If they decide to issue one, they send you a draft plan. This is your opportunity to check it carefully.

What to check in the draft plan

The plan has several sections. Pay particular attention to:

• Section B (SEN) - Does this accurately describe all of your child's special educational needs? Is anything missing?
• Section F (Provision) - This is the most important section. The provision must be specific, detailed, and quantified. "Regular speech and language therapy" is not good enough. "Weekly individual speech and language therapy sessions of 45 minutes, delivered by a qualified speech and language therapist" is what you're looking for.
• Section I (Placement) - This section is left blank in the draft so you can express a preference for a school.

Weeks 16–20: Naming a school and finalising

You have 15 days from receiving the draft to:

• Request changes to sections B to H
• Name your preferred school in Section I
• Request a meeting to discuss the plan

The LA must then consult with the school you've named. The school can only refuse if your child's attendance would be incompatible with the efficient education of other children and there are no reasonable steps that could be taken to prevent that incompatibility.

If the final plan is inadequate

If the finalised EHCP doesn't accurately describe your child's needs or doesn't include the provision you believe is necessary, you can appeal to the SEND Tribunal. You can appeal against:

• The description of your child's SEN (Section B)
• The special educational provision specified (Section F)
• The school named in the plan (Section I)
• A decision not to issue an EHCP after assessment

The appeal process is free and you do not need a solicitor, though some families choose to use one. The Tribunal is less formal than a court - it's a panel of specialists who will review the evidence and hear from both you and the local authority.

Getting help and support

You don't have to do this alone. Two organisations are particularly valuable:

• SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) - every local authority must provide this free, impartial service. They can help you write letters, understand reports, and prepare for meetings or tribunal.
• IPSEA (Independent Provider of Special Education Advice) - a national charity offering free legal advice on SEN. Their helpline and website are excellent resources for understanding your rights.

Other organisations that may help include Contact (for families of disabled children), the National Autistic Society (if autism is a factor), and local parent carer forums.

Practical tips for the process

• Keep everything in writing - follow up phone calls with an email confirming what was discussed
• Note every date - the statutory timescales are legally binding, and local authorities frequently breach them. If they do, put your complaint in writing.
• Be persistent but professional - the process can be adversarial, but maintaining a constructive tone tends to produce better outcomes
• Don't accept vague provision - if Section F says "access to" or "as needed" rather than specifying frequency and duration, challenge it
• Connect with other parents - local parent carer forums and online communities are invaluable sources of practical advice and emotional support

Key takeaways

• You can request an EHC needs assessment yourself - you don't need the school's agreement
• Gather evidence before you write your request letter
• The LA has 6 weeks to decide whether to assess, and 20 weeks from request to final plan
• If refused at any stage, you can appeal to the SEND Tribunal
• Section F (provision) must be specific and quantified - don't accept vague wording
• SENDIASS and IPSEA offer free, expert support throughout the process