How do we apply for an EHC needs assessment as a school?

Write to your local authority requesting an EHC needs assessment in England. Schools can request directly, without parental consent. The council must decide within 6 weeks; the full process takes up to 20 weeks. A request can be made by a person acting on behalf of the school under section 36(1) of the Children and Families Act 2014, so the SENCO or SEND lead is the right person to send it.

The steps, in order

1. Send a written request to the council’s SEN team. There is no prescribed national form. A clear letter or email works just as well as the council’s own form, so do not let a “wrong form” objection delay you. Say plainly that you are requesting an EHC needs assessment for the named pupil under section 36 of the Children and Families Act 2014.
2. Consult and inform the parents first. You do not need their consent in law, but the SEND Code of Practice expects you to talk to the family and tell them you are making the request. It keeps them on side and avoids a parallel parental request landing at the same time.
3. Attach your graduated-approach evidence. Send your Assess, Plan, Do, Review records, the SENCO’s own assessments, and any educational psychology, therapy or medical reports you hold. This is what shows the council the pupil’s needs and the difference SEN Support has, or has not, made.

The statutory clock

The council, not the school, decides whether to assess, and it applies a deliberately low legal test (section 36(8)): the child has or may have special educational needs, and it may be necessary for provision to be made through an EHC plan. “Has or may have” and “may be necessary” are generous words, and that is the threshold to anchor on. There is no lawful requirement to have spent the notional £6,000 SEN budget first or to clear any other informal hurdle. Many councils state a spend threshold as local policy, but it is not a precondition in law.

Once the request lands, the council must tell you within 6 weeks whether it will assess (regulation 5 of the SEND Regulations 2014). If it agrees, the whole process to a final EHC plan must take no more than 20 weeks from the request. In practice a draft plan, where one is issued, usually arrives by around week 16, with 15 days for parents to comment. You can read a clear worked timeline on Norfolk County Council’s site.

If the council refuses or stalls

A school’s request does not bind the council, so it can still decline to assess. If it does, the right of appeal sits with the parent or young person, not the school: they can appeal the refusal to the SEND Tribunal. Point the family to IPSEA for free legal advice and, if you want background first, see what to do if an EHCP application is refused. If the council simply misses the 6-week deadline, chase the SEN team in writing and keep the dated record.

This page is general information, not clinical or legal advice.