How to Write a Letter Requesting an EHCP Assessment UK: A Complete Guide for Parents
- James Pite
- 1 day ago
- 9 min read
If your child has special educational needs that their school is struggling to meet, an Education, Health and Care Plan can make a significant difference. It is a legally binding document that sets out your child’s needs, the support they must receive and the outcomes the support is designed to achieve. Getting one starts with a request for an EHC needs assessment, and that request can come from you as a parent at any time, without needing the school’s permission.
This guide explains who can request an assessment, what the legal duty on the local authority is, what your letter should include, what happens after you submit it and what to do if the local authority refuses.
Your Legal Right to Request an EHC Needs Assessment
Under Section 36(8) of the Children and Families Act 2014, a local authority must carry out an EHC needs assessment if, after considering the request, it is of the opinion that the child or young person has or may have special educational needs, and that they may need special educational provision to be made through an EHC plan. This is a low legal threshold. The local authority does not need to be satisfied that an EHCP will be issued. It only needs to consider whether a needs assessment is necessary to determine that question. The GOV.UK guidance on SEND and EHC plans sets out the full process in plain language.
As a parent, you can request an EHC needs assessment at any time. You do not need the school’s agreement or support to do so, though having school involvement generally strengthens the request. Young people aged 16 to 25 who are still in education or training can request an assessment themselves. EHC plans cover ages 0 to 25.
Local authorities refuse a significant number of requests at the initial stage. Understanding what the legal test is, and making sure your letter addresses it directly, substantially improves your chances of getting the assessment agreed.
The Statutory Timescales the Local Authority Must Follow
Once your request is received, the local authority is bound by statutory timescales set out in the Special Educational Needs and Disability Regulations 2014. These are legal deadlines, not targets. The local authority cannot simply extend them at will.
Week 6: The local authority must tell you whether it has decided to carry out a needs assessment or not. If it decides not to, it must tell you its reasons and inform you of your right to appeal.
Week 16: If the assessment goes ahead, the local authority must tell you by week 16 whether it is going to issue an EHC plan.
Week 20: The final EHC plan must be issued by week 20 from the date the request was received.
In practice, many local authorities miss these deadlines. Keeping a record of the date you sent your request, dated evidence of all communications, and a clear understanding of the statutory clock is essential if you need to chase the process or escalate.
Before You Write: Gather Your Evidence
The strength of your request depends on the evidence you can provide to show that your child has or may have special educational needs that are not being adequately met through existing support. You are not required to prove this conclusively. The threshold is whether the local authority should investigate further. But a request backed by specific, detailed evidence is far more likely to be agreed than one based on general concerns.
Gather the following before you write:
School reports, progress reports and any SEND support plans showing what support has been provided and the results
Your child’s SEN support plan and any Individual Education Plans or equivalent
Reports from any specialist professionals who have assessed your child, such as a speech and language therapist, educational psychologist, paediatrician or occupational therapist
Letters from your GP or specialists about your child’s health conditions that affect their learning
Your own description of your child’s difficulties at home and in daily life, written in your words
Any evidence of the impact of the unmet need: missed school, anxiety, regression, exclusions, significant distress
Details of any diagnoses your child has received and when
Tip: you do not need to wait for a formal diagnosis before requesting an EHC needs assessment. The test is whether your child ‘has or may have’ special educational needs. If your child is awaiting assessment for autism, ADHD, dyspraxia or another condition, you can and should request an EHCP assessment while you wait. Note the pending assessment in your letter.
Who to Address the Letter To
Send your letter to the Special Educational Needs team at your local authority, sometimes called the SEND team or the EHC team. Your local authority’s SEND Local Offer page (find it by searching ‘[your local authority] local offer’) will usually list the correct address and email. Some local authorities have a specific form for EHCP assessment requests. If one exists, use it and attach your letter alongside it.
If your child’s school has a Special Educational Needs Coordinator (SENCo), speak to them before or at the same time as submitting your request. Schools cannot veto your right to make the request, but a supporting letter from the school submitted alongside yours significantly strengthens the application.
How to Structure Your Request Letter
Opening: State the Nature and Purpose of the Request
State clearly in the opening that you are writing to request an EHC needs assessment for your child under Section 36 of the Children and Families Act 2014. Name your child, give their date of birth and the name and address of their current educational setting.
Your Child’s Needs
Describe your child’s special educational needs clearly and specifically. Do not assume the local authority knows anything about your child’s situation. Describe the nature of the difficulties, when they were first identified, how they present in an educational setting and how they affect your child’s ability to learn and participate.
What Support Has Already Been Tried
Describe the support that has been put in place through the school’s SEN support stage. Local authorities look for evidence that a graduated approach has been tried before an EHCP is considered. Set out what has been tried, how long it has been in place and what progress, if any, has been made. If the support has not been sufficient to enable your child to make expected progress, say so explicitly.
Why an EHCP Assessment Is Needed
This is the most important section. Explain directly why you believe a needs assessment is necessary and why your child’s needs cannot be met through the resources ordinarily available at their school without an EHC plan.
Reference the evidence you are attaching. Be specific about the gap between your child’s needs and what current provision is providing.
The Legal Basis
Reference Section 36(8) of the Children and Families Act 2014 and ask the local authority to carry out an assessment under its duty. Asking the local authority to confirm in writing its decision within the statutory six-week timescale.
Full Worked Example
[Your name]
[Your address]
[Your email and telephone]
[Date]
The SEND Team
[Local authority name]
[Address]
Subject: Request for EHC Needs Assessment – [Child’s full name], DOB [date], [School name]
Dear Sir or Madam,
I am writing to formally request an Education, Health and Care needs assessment for my [son/daughter], [full name], date of birth [date], who currently attends [school name and address]. I am making this request under Section 36(8) of the Children and Families Act 2014.
My child’s needs
[Child’s name] has [describe the nature of the difficulties. For example: significant difficulties with speech, language and communication / a diagnosis of autism spectrum condition / severe anxiety that prevents full participation in school / significant difficulties with reading, writing and processing written information]. These difficulties were first identified [when, e.g. in nursery / at age X / following a referral to the paediatric team in [year]]. [Child’s name] currently has [a diagnosis of / is awaiting assessment for / has been identified by the school as having] [condition or difficulty].
In an educational setting, these needs present as: [describe specifically, e.g. inability to follow multi-step instructions without individual support / significant emotional dysregulation that disrupts learning / severe difficulties with social communication making participation in group activities very difficult / reading attainment well below expected levels for age].
Support that has already been tried
[Child’s name] has been on the school’s SEN support register since [date]. The support provided has included [describe what has been in place, e.g. small group reading sessions three times per week / weekly speech and language therapy support / a visual timetable and sensory breaks / one-to-one support during [subjects or activities]]. Despite this support, [describe what progress has and has not been made. For example: [child’s name]’s reading age has increased by only [X months] in [X years] / [child’s name] continues to experience significant anxiety and is refusing school on average [X] days per month / the one-to-one support has helped in some areas but the school has confirmed it cannot sustain this level of resource from its existing budget].
Why an EHC needs assessment is needed
I believe that [child’s name]’s needs cannot be adequately met through the resources ordinarily available at [school name] without the provision of an EHC plan. [Describe the specific gap. For example: the level of individualised support [child’s name] requires to make progress and to access the curriculum cannot be funded from the school’s existing SEN budget / [child’s name]’s communication needs require specialist input from a speech and language therapist that is not available through the school’s current provision / despite extensive support at SEN support stage, [child’s name] is not making expected progress and the school has confirmed that without additional resources it cannot do more].
I attach the following supporting evidence: [list all attachments, e.g. most recent school report dated [date] / SEN support plan dated [date] / letter from [professional, e.g. speech and language therapist, paediatrician] dated [date] / educational psychologist assessment dated [date] / my own account of [child’s name]’s difficulties at home and in daily life].
I am asking the local authority to carry out an EHC needs assessment for [child’s name] under its duty under Section 36(8) of the Children and Families Act 2014. Please confirm receipt of this request in writing and advise me of the decision within the statutory six-week timescale. I am happy to provide further information or to meet with the relevant officer to discuss this request.
Yours sincerely,
[Your name]
[Your relationship to the child]
[Contact details]
[List of attachments]
What Happens After You Submit
Once the local authority receives your request, the statutory clock starts. Within six weeks it must write to you with its decision. If it agrees to carry out an assessment, it will write to gather advice and information from a range of professionals including the school, an educational psychologist, health professionals and social care if involved. You will be asked to contribute your own views and those of your child.
If the assessment proceeds and the local authority decides to issue an EHC plan, it must send you a draft plan within 14 weeks of the original request. You have at least 15 days to comment on the draft, request changes and name your preferred school. The final plan must be issued by week 20.
If the Local Authority Refuses to Carry Out an Assessment
If the local authority refuses your request within the six-week window, it must set out its reasons in writing and tell you about your right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You have two months from the date of the refusal decision to appeal.
Before you can lodge an appeal, you must first contact a mediation service and obtain a mediation certificate, even if you do not wish to go to mediation. This step is mandatory. IPSEA’s guidance on appealing EHCP decisions explains the appeal process in detail, including the deadlines and how to prepare your case.
Do not let the local authority persuade you not to appeal while it ‘reconsiders’ the decision informally. If you want to preserve your right of appeal, lodge it within the two-month window. You can withdraw it later if the local authority changes its position, but you cannot restart the clock once it has expired.
Getting Help
Every local authority in England must have a SEND Information, Advice and Support Service (SENDIASS), which provides free, impartial advice to parents, children and young people about SEND matters. Find your local SENDIASS by searching ‘[your local authority] SENDIASS’. IPSEA (Independent Provider of Special Education Advice) provides free, legally based information and advice on the EHCP process including template letters and guidance on making the strongest possible request. Their advice is widely regarded as the most authoritative free resource available to parents.
If you want help drafting a request letter that is clearly structured, references the correct legal framework and gives the local authority the evidence it needs to agree to an assessment, the team at LetterLab can help you get it right before you send it.
Key Deadlines and Rights at a Glance
Week 6: local authority must decide whether to carry out an assessment
Week 16: local authority must decide whether to issue an EHC plan
Week 20: final EHC plan must be issued
Two months from refusal decision to appeal to SENDIST
Mediation certificate required before lodging an appeal, even if you do not attend mediation
You can request an assessment at any time regardless of whether a diagnosis has been received
Young people aged 16 to 25 in education or training can request an assessment themselves
The Key Takeaway: You Have the Right, Use the Legal Framework
Requesting an EHC needs assessment is your right as a parent under the Children and Families Act 2014. You do not need the school’s agreement to make the request. You do not need a formal diagnosis. You do not need to have exhausted every form of SEN support first, though evidence that support has been tried is helpful.
Write a clear, specific letter that describes your child’s needs, what has been tried and why it has not been sufficient. Reference the legal duty. Attach your evidence. Send it in writing with dated proof of delivery. Then track the statutory clock. If the local authority refuses or misses its deadlines, you have rights of appeal and escalation that are designed precisely for this situation.
Your child’s right to appropriate support does not depend on the local authority’s goodwill. It depends on the law. Use it.
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