EHCP Application: How to Ask for an EHC Needs Assessment

What an EHC Needs Assessment Is

An EHC needs assessment is when the council looks at your child's education, health care and social care needs. It is the first step to an Education, Health and Care plan, often called an EHCP. Asking for an assessment is what people mean by an EHCP application.

An EHC plan is for children and young people up to age 25 who need more support than is available through special educational needs support. It sets out their needs and the extra help they should get.

Who Can Ask

You can ask as your child's parent. For this law, a parent includes anyone who has parental responsibility for the child or who cares for them. You do not need the school to agree.

A young person aged 16 to 25 can ask for themselves, and a school or college can ask too. GOV.UK says doctors, health visitors, teachers and family friends can also make a request.

How to Ask

There is no set form in the law. You can make your request in a letter to your council's SEND team. Say that you are asking for an EHC needs assessment under section 36(1) of the Children and Families Act 2014.

It helps to include your child's name, date of birth and school, what they find hard, how they are getting on, the help they have had so far, and any reports from professionals.

The Legal Test

The council must carry out an assessment if it thinks your child has or may have special educational needs, and that it may be necessary for special educational provision to be made through an EHC plan.

The test uses the word "may" twice, and it does not mention a diagnosis. The council must take your views and the evidence into account before it decides.

What Happens After You Ask

The council must consult you as soon as it can and tell your child's school that it is considering an assessment. You can give your views and send evidence.

It must tell you its decision within 6 weeks of receiving your request. If it assesses your child, it may ask you for reports and a letter about your child's needs.

If it then decides a plan is not needed, it must tell you within 16 weeks of your request. If it makes a plan, the final plan is due within 20 weeks of your request. There are a few exceptions, such as a school closure of 4 weeks or more.

In 2025, councils received 162,700 requests for an assessment, 5.3% more than in 2024. 46.1% of new EHC plans were issued within 20 weeks.

If the Council Says No

The council must give you its reasons, and tell you about your right to appeal, the time limits and mediation.

You can appeal to the SEND Tribunal. First, speak to a mediation adviser, who gives you a mediation certificate. You do not have to go on to mediation. Then send form SEND35A, so the tribunal receives it within 2 months of the decision letter, or within 1 month of your certificate if that is later.

In the 2024 to 2025 school year, 24% of the 25,000 SEND appeals registered were about a refusal to assess. Of the appeals the tribunal decided, 99% were in favour of the family or young person appealing. GOV.UK lists free help from IPSEA and your local information, advice and support service.

Why Send It by Post

The 6 weeks and the 20 weeks both count from the day the council receives your request. A tracked letter gives you proof of that date.

Changes to the SEND System

The government has set out plans to change the SEND system, but the law on asking for an assessment has not changed, so you can still ask now. The Department for Education says no changes to the support given by EHC plans will begin before September 2030.

Wales, Scotland and Northern Ireland

EHC plans are for England only. Wales has a system for additional learning needs, with individual development plans. Scotland has additional support for learning, with co-ordinated support plans. In Northern Ireland, the Education Authority makes statements of special educational needs. Ask your council, the Education Authority or your child's school.