Write to your local council's SEN team saying you believe your child has, or may have, special educational needs that may need an EHC plan. No diagnosis or school agreement is needed; the council has six weeks to reply. An EHC needs assessment is the statutory check the council carries out before deciding whether to issue an Education, Health and Care plan.
What to put in the letter
You do not have to prove your case in this letter. You only have to engage the legal test, so a short, plain request is enough. Include:
- Your child's full name, date of birth, and the name of their school or setting.
- A clear sentence that you are requesting an EHC needs assessment under section 36 of the Children and Families Act 2014.
- A plain statement that you believe your child has, or may have, special educational needs that may need provision through an EHC plan.
- A few concrete examples of the difficulties, and what the school has already tried through SEN Support (the graduated approach of assess, plan, do, review).
- A request that the council confirm its decision within the legal time limit.
Send it by email to the SEN team, not to the school, and keep the dated copy. The safest template is IPSEA's free model letter; IPSEA is the Independent Provider of Special Education Advice, and their wording is accepted by every English local authority.
The test is low, so you don't need much
The threshold is deliberately low. The council must assess if your child may have SEN and it may be necessary for provision to be made through an EHC plan. That is a provisional and predictive test, not proof. You do not need a formal diagnosis, an educational psychologist's report, or evidence that the school has spent a set sum (often quoted as £6,000) on SEN Support. Some councils treat these as pre-conditions, but the law does not, so don't let a missing report stop you from sending the request.
The timeline, and what to do if it stalls
The council has six weeks from the day it receives your request to tell you whether it will carry out the assessment. The clock starts on receipt, not on acknowledgement, which is why the dated email matters. If the council refuses to assess, it must give its reasons in writing, and you have a right of appeal to the SEND Tribunal. Most refusal-to-assess appeals succeed for parents. You do not need a solicitor to lodge one.
Reform watch. The government's Schools White Paper and the Education for All Bill propose changes such as Individual Support Plans and narrowing EHCPs to the most complex needs over the coming decade. None of this changes the EHC needs assessment route now. The current process and your existing rights stand, with no changes expected before September 2030.
Where the law comes from
Related
This page is general information, not clinical or legal advice.