Top Tips for Parents Seeking an EHC Needs Assessment
An Education, Health and Care (EHC) Needs Assessment is a formal process to identify a child’s special educational, health, and care needs and determine if an EHC Plan is necessary.
Below are practical tips to help parents navigate this process successfully.
Understand the EHC Needs Assessment Process
What it is: An EHC Needs Assessment is a detailed evaluation by the local authority (LA) to assess your child’s needs across education, health, and social care. It may lead to an EHC Plan, a legal document outlining support.
Who can request it: Parents, schools, or young people (aged 16-25) can request an assessment.
Key criteria: The LA will consider if your child has or may have special educational needs (SEN) and if they may need provision beyond what’s ‘ordinarily’ available in mainstream settings. For example, if your child needs full time adult support, this would not be ‘ordinarily available’.
Action: Familiarise yourself with the SEND Code of Practice (2015), which outlines the legal framework, in particular Chapter 9: SEND code of practice: 0 to 25 years – GOV.UK.
Gather Evidence of Your Child’s Needs
It is often said that the EHC Needs Assessment is a ‘low threshold’ and all you need to do is make a ‘one line’ written request to your LA. In the author’s view this is a mistake and it is likely to lead to the LA refusing the request.
The LA makes its decision on whether an assessment is ‘necessary’ by considering the evidence showing your child’s needs and the support they require. They need as much information as possible. If it is not provided, don’t be surprised if they say “no”. It is also important to set out what additional support “might” be necessary for your child. The LA will consider whether this support can be provided by the educational setting through its devolved resources.
When making a request it is important to gather:
- Reports from teachers, SENCO (Special Educational Needs Coordinator), or educational psychologists.
- Medical or therapy reports (e.g., from paediatricians, speech therapists, or occupational therapists).
- Examples of your child’s work or behaviour logs showing challenges. Records of any existing support (e.g., Individual Education Plans or SEN support plans).
You should also write a detailed parental statement describing your child’s difficulties, strengths, and the impact on their daily life and education.
When submitting the request organise evidence chronologically in a folder or digital file for easy submission. By doing this, it will be harder for the LA to refuse.
Involve Your Child in the Process
Why it matters: The SEND Code of Practice emphasises capturing the child’s views.
How to do it: Ask your child (if appropriate) about their challenges, strengths, and what support they need. Include their views in your parental statement or ask the school to provide a pupil voice report.
Action: Document your child’s input in an age-appropriate way (e.g., written, drawn, or recorded).
Work Closely with Your Child’s School
Why it matters: Schools often have valuable insights and records about your child’s needs and can support your request.
How to collaborate: Meet with the SENCO to discuss your concerns and the support already in place. Ask if the school will request the assessment or support your parental request.
Request copies of school records, such as SEN support plans or progress reports.
If the school resists: Politely remind them of their duty under the SEND Code of Practice to identify and support pupils with SEN. You can still request an assessment independently if the school does not support you.
Make a Strong Written Request
A request for an EHC Needs Assessment is made in writing to the LA SEN Team.
Why it matters: A clear, evidence-based request increases the likelihood of approval.
How to write it: Address the letter to the LA’s SEND team (find contact details on your LA’s website). State you are requesting an EHC Needs Assessment under Section 36 of the Children and Families Act 2014. Include your child’s name, date of birth, school, and a summary of their needs. Explain why existing support isn’t sufficient and how their needs impact their education. List attached evidence (e.g., reports, parental statement).
Template: You can download a template letter from the SEN4You website.
Action: Send the request by recorded delivery or email with a read receipt, and keep a copy.
Know the Timelines and Follow Up
Key deadlines: The LA must respond within 6 weeks to say if they will carry out the EHC Needs Assessment. If approved, the assessment process and decision on an EHC Plan should take 20 weeks in total.
What to do: Note the date you sent your request and set a reminder for 5 weeks to check progress. Contact the LA if you haven’t heard back by 6 weeks.
Action: Keep a log of all correspondence with the LA, including dates and names of contacts.
If the LA does not reach a decision within 6 weeks seek advice as unless some limited exemptions apply, the timescales must be adhered to. If they are not, then you can consider taking legal action against the LA.
Prepare for a Refusal and Know Your Appeal Rights
LAs sometimes refuse assessments, but you have the right to appeal against the decision.
If they do refuse, the LA must send a refusal letter explaining their decision and your appeal rights. You then have the option to request mediation (details will be in the refusal letter) or appeal directly to the SEND Tribunal.
You have 2 months from the refusal letter date to appeal and must consider the use of mediation first within this period before you can appeal.
Consider utilising mediation as a way of challenging decisions. Many cases are overturned following mediation. This is often because the LA will not have had sufficient written information when the written request was considered. Mediation provides an opportunity to discuss the issues with a decision maker from the LA.
Stay Organised and Persistent
The process can be lengthy, and staying proactive keeps your case on track. Keep all documents, emails, and notes in one place. Record dates of meetings, calls, and deadlines in a diary or spreadsheet. Politely chase the LA if deadlines are missed. Create a dedicated folder (physical or digital) for all SEND-related documents.
Look After Your Wellbeing
The process can be emotionally and mentally draining. Connect with other parents through local SEND support groups or online forums (e.g., Contact’s parent forums). Take breaks and seek support from friends, family, or a counsellor if needed. Join a local or online SEND parent group for peer support. You can even join SEN4You’s parent support group on FACEBOOK (@SENAdvice)
By following these tips, you can build a strong case for an EHC Needs Assessment and advocate effectively for your child’s needs. Stay informed, persistent, and supported throughout the process.
The quality of the evidence will determine whether a local authority will initiate an EHC Needs Assessment and it is important that all relevant and up to date information is provided with a request.
Mark Small –
Solicitor Advocate