It is a common and frustrating hurdle: you see your child struggling every day, but the school insists they are "doing fine" or that their current support is enough. If you feel your child’s needs aren't being met, you don't have to wait for the school’s permission. You have the legal right to take control of the process yourself.
You Can Apply Directly
The most important thing to know is that you do not need the school's support to apply for an Education, Health and Care (EHC) needs assessment. While it is often smoother if a school makes the request, the law treats a parental request with the exact same weight. You also do not need a formal diagnosis or a private expert report to start the process.
Step 1: Request an EHC Needs Assessment
To start the "clock," you must write to your Local Authority (LA)—specifically the one where you pay your council tax—to request an EHC needs assessment.
- The Letter: State clearly that you are requesting an assessment under Section 36(1) of the Children and Families Act 2014.
- What to Include: Describe your child's learning difficulties and explain why you believe they may need support beyond what the school can typically provide.
- Template Help: Using a template from IPSEA can ensure you include all necessary legal points.
Step 2: Gather Your Evidence
Even if the school is uncooperative, you can build a strong case by gathering your own evidence:
- Medical & Professional Reports: Any letters from GPs, speech therapists, or pediatricians.
- Your Observations: Keep a diary of your child’s struggles at home, such as "meltdowns" after school or the hours spent on simple homework.
- School Records: You have a right to see your child's full educational record. If the school is unhelpful, you can make a formal Subject Access Request (SAR) to get these documents.
Step 3: The 20-Week Timeline
Once your request is submitted, the Local Authority must follow a strict statutory timeline:
- Week 6: The LA must tell you whether they agree to assess your child.
- Week 16: If they assessed, they must tell you if they will issue a plan.
- Week 20: The final, legally binding EHCP must be issued.
Step 4: What to Do if the LA Says "No"
If the Local Authority refuses to assess your child or refuses to issue a plan after assessment, you have Right of Appeal to an independent tribunal.
- Mediation: Before appealing, you must usually consider mediation. This is an informal meeting to try and resolve the issue without a court hearing.
- Tribunal: If mediation doesn't work, you can take your case to the SEND Tribunal, where a judge will look at the evidence and make a final decision.
Where to Find Support
Navigating the SEND system can be daunting and time consuming but you don't have to do this alone. With 25 years' educational experience, SENCO experience across 3 local authorities and IPSEA training, I can advise on all aspects of the process, review documentation, review draft EHCPs and provide sensory profile reports to support your application. With free initial, no-obligation consultations, it is easy to discuss how my support can ease the load and strengthen your application