How to Write a Strong EHC Request Letter

The letter requesting an EHC needs assessment is not a formality. It is the first legal document in a process that carries statutory timelines and appeal rights. A poorly structured request — one that reads like a complaint rather than a legal submission — gives the local authority easy grounds to refuse.

A well-constructed request does two things: it demonstrates that your child meets the legal threshold for assessment, and it makes it harder for the LA to refuse without exposing themselves to a successful appeal. Getting this right from the start sets the tone for everything that follows.

What the law says about EHC requests

Under s.36 of the Children and Families Act 2014, a parent can request an EHC needs assessment at any time. The local authority must respond within six weeks with either an agreement to assess or a refusal with written reasons.

The legal test the LA applies is: does the child have (or may they have) special educational needs, and is it necessary (or may it be necessary) to make provision through an EHC plan? Note the "may" — this is a low threshold. The LA must assess unless they are satisfied it is not necessary. Doubt should lead to assessment.

There is no prescribed format for the request letter. It should be in writing and addressed to the SEND team of your local authority. Email is acceptable and creates a useful timestamp.

What to include: the six key elements

1. Your child's basic information

Name, date of birth, address, current school and year group, and any SEND reference number if your child is already on the school's SEN register.

2. A clear statement of the purpose

State plainly that you are requesting an EHC needs assessment under s.36 of the Children and Families Act 2014. Use the statutory language. This signals that you understand your legal rights and prevents the LA from treating the letter as an informal enquiry.

3. A description of your child's needs

This is the most important section. Describe how your child's difficulties affect their ability to access education. Be specific: what subjects are they struggling with, what social situations are difficult, how does their behaviour in school differ from their peers, what adaptations have been tried?

Avoid vague language like "struggles with learning" or "finds school difficult." Write in specific, observed terms: "X cannot maintain focus for more than five minutes without one-to-one support," "X has walked out of class on 12 occasions this term due to sensory overload," "X has not attended school for 23 days this academic year."

4. Evidence of current support and why it is not enough

The LA will want to know what has already been tried. Include the school's SEN Support plan if you have it. Explain what interventions have been put in place and — critically — why they have not been sufficient. If your child is receiving support but still not making expected progress, that is strong evidence.

5. Professional evidence

List the professional reports you are attaching and summarise their key conclusions. If you have a paediatric diagnosis, a speech and language assessment, an OT report, a CAMHS assessment, or any educational psychology reports — attach them all. If you don't have professional reports yet, say so and explain that the assessment process should generate them.

6. Your parental view

The SEND Code of Practice (paragraphs 9.14–9.17) gives explicit weight to the parental perspective. Write a clear, factual account of how your child's needs affect daily life at home, how they feel about school, and what outcomes you are hoping the EHCP process will support.

Common mistakes to avoid

Writing a complaint, not a legal request

The letter should be professional and specific. Expressing frustration about how the school has handled things, or criticising the LA, weakens your position. Keep to the facts and the legal test.

Being vague about the need

"My child has autism and struggles at school" gives the LA very little to work with. Specifics — frequency, severity, impact on learning, what has been tried — make refusal much harder.

Not referencing the statutory language

A letter that doesn't reference s.36 CFA 2014 is easier for an LA to treat as an informal enquiry. Always name the specific legal power you are invoking.

Waiting for a diagnosis

You do not need a diagnosis to request an assessment. "May have SEN" is in the statute for a reason. If your child is struggling and you believe special educational provision may be needed, you can request an assessment now.

After you send the letter

Keep a copy and note the date sent. The six-week response window starts from receipt by the LA. If you send by email, you have a timestamp. If you send by post, use recorded delivery.

If the LA does not respond within six weeks, that is a statutory breach. You can escalate to the Local Government and Social Care Ombudsman, and this is also a ground for complaint.

If the LA agrees to assess, they must complete the assessment and issue (or decline to issue) a final EHCP within 20 weeks of your original request. Track this date carefully.

How Pathway supports the application process

Pathway by WeaveONE was built to make this process manageable without a specialist solicitor or advocate. The Application Pack includes a letter generator that structures your request around the legal test, an evidence strength dashboard that tells you what you have and what gaps exist, and a parental submission builder for when you reach the draft EHCP stage.

The evidence checklist is tailored to your child's specific diagnoses and presentation — so if your child has ASC, ADHD, and SEMH difficulties, the checklist tells you exactly which professional reports to pursue and what each report should ideally include for EHCP purposes.