How to apply for an EHCP: the EHC needs assessment

The right to request an EHC needs assessment

The first step to getting an EHCP is requesting an EHC needs assessment. This is a formal process in which the local authority gathers advice from professionals involved in your child's education, health, and care, and uses that evidence to decide whether an EHCP is needed.

Under Section 36 of the Children and Families Act 2014, you have the right to request this assessment yourself — you do not need the school's permission or cooperation. The request should be made in writing to your local authority's SEND team (sometimes called the SEN team or SEND0–25 team).

The LA has a statutory duty to respond within 6 weeks. If it fails to do so, that is itself a legal breach and grounds for a formal complaint.

What to include in your application letter

Your request letter does not need to follow a specific format, but it must make clear what you are asking for and why. A strong application letter covers six things:

• Your child's needs: describe how your child's SEN affects their ability to access education. Be specific — not "she struggles in class" but "she cannot follow verbal instructions of more than two steps, becomes dysregulated after 20 minutes in a noisy classroom, and has not made measurable progress in reading in two years."
• What SEN Support has been tried: list every intervention the school has put in place — small group work, 1:1 time, specialist equipment, sensory breaks. Explain why it has not been sufficient.
• Evidence of impact: reference reports from therapists, consultants, or other professionals, and include them as attachments where possible.
• Your parental views: you are a statutory consultee. Your observations carry legal weight. Include the things you see at home that the school does not see.
• The legal basis: cite Section 36 of the Children and Families Act 2014. This signals that you know your rights and are making a formal statutory request, not an informal enquiry.
• What you are asking for: state explicitly: "I am requesting that [LA name] carries out an EHC needs assessment for [child's name], date of birth [DOB], currently attending [school name]."

What evidence to gather before you apply

The more evidence you include with your initial request, the harder it is for the LA to refuse. Relevant evidence includes:

• School records: SEN support plans, Individual Education Plans (IEPs), teacher reports, Graduated Response records
• Educational psychology reports (if any exist)
• Medical evidence: GP letters, consultant reports, diagnosis letters (autism, ADHD, dyspraxia, sensory processing, etc.)
• Therapy reports: SALT (speech and language therapy), OT (occupational therapy), physiotherapy, psychological therapy
• Your own diary: a written record of incidents at home, meltdowns, anxiety, sleep, eating — anything showing how your child's needs affect daily life
• School attendance records, especially if there has been school refusal or reduced timetabling
• Any previous EHCPs or Statements from earlier settings

You do not need all of this to make the request. The assessment process exists precisely to gather evidence. But more evidence at the outset reduces the risk of a refusal.

The 20-week statutory timeline

Once you submit your request, the Children and Families Act 2014 sets out a statutory timeline that the LA is legally required to follow:

• Weeks 1–6: LA decides whether to carry out the EHC needs assessment. Must notify you of the decision in writing.
• Weeks 6–16: If agreed, the assessment takes place. The LA requests professional advice from the school, an educational psychologist, health services, social care, and you.
• Weeks 16–20: The LA sends you a draft EHCP. You have 15 calendar days to review it and submit comments.
• Week 20: Final EHCP issued and the named school notified.

In reality, only 46.4% of EHCPs are issued within the 20-week deadline. Delays are common, and in many LAs the average is well over 30 weeks. The LA has no power to extend the deadline unilaterally — if they miss it, that is a statutory breach and you can escalate to the Local Government and Social Care Ombudsman.

Keep a written log of every letter, email, and phone call with dates. This evidence is essential if you need to make a formal complaint or proceed to tribunal.

If the LA refuses to assess

The LA must refuse in writing and give reasons. Read the reasons carefully — they often rely on incorrect assertions about what the law requires.

You have two months from the date of the refusal letter to register an appeal with the First-tier Tribunal (SEND). Before appealing, you must either attend mediation or obtain a certificate confirming you have considered it (a mediation certificate). You can get the certificate without going to mediation — simply contact an approved mediation provider and tell them you wish to go directly to tribunal.

Parents win approximately 95–99% of tribunal appeals. Many LAs concede before the hearing. The tribunal process is adversarial, but you do not need a solicitor — thousands of parents navigate it without one. Read our EHCP tribunal guide →

Reviewing the draft EHCP

When the LA sends you the draft EHCP, your 15 days to comment is one of the most important windows in the entire process. Do not let it pass without a thorough review.

Focus on Section B (needs) and Section F (provision). Every need described in Section B must be met by a specific, quantified provision in Section F. If Section B says your child needs speech and language support but Section F only says "access to SALT as appropriate" — that is not sufficient. Push back in writing and request that the provision be specified: who delivers it, how often, for how long, and where.

Use our EHCP Quality Checker to review the draft against the legal standard before you accept it.

How Pathway helps

Pathway is built specifically for this process. Using the Children and Families Act 2014, the SEND Code of Practice, and real data from all 152 local authorities, it provides:

• An AI-generated EHC needs assessment request letter tailored to your child's specific needs and circumstances
• An evidence organiser that structures your documents and extracts key points
• Automatic statutory deadline tracking — so you always know where you are in the 20-week process
• A parental submission generator for your contribution to the assessment
• Draft EHCP review tools that flag vague provision and suggest specific amendments
• Chase-up and complaint letter templates for when the LA misses a deadline

Paid plans start from £12.99/month — less than the cost of an hour with a SEND solicitor. See full pricing →