In this three-part series, we’ll cover each stage of the EHCP process. This first blog covers obtaining a needs assessment. The other blogs cover:
- When can a Local Authority refuse to issue an EHCP, following an EHC Needs Assessment?
- What do you do when your child has been issued an EHCP, but you aren’t happy with it?
When your child isn’t getting the support they need at school, it can be worrying and exhausting. Many parents are told to “wait and see,” but you do not have to wait for things to get worse before seeking help. The law gives you clear rights; including the right to request an Education, Health and Care (EHC) needs assessment yourself.
What is the starting point?
If you have concerns, the first step is usually to speak with your child’s class teacher and the school’s SENCo. Schools must follow the graduated approach: assess, plan, do, review. This means support should be put in place, monitored, and adjusted over time. However, if your child is not making expected progress despite this support, or if their needs appear more complex than the school can meet, you are entitled to consider the next step.
Can you request an EHC Needs Assessment?
A common misconception is that only schools can request an EHC needs assessment. In fact, parents (and young people aged 16–25) have the same legal right to request one at any time.
The test the local authority must apply is simple and has only two parts:
- The child has, or may have, special educational needs (SEN)
- They may need special educational provision beyond what a school can reasonably provide from its own resources
If the answer to both is “yes” or even “maybe,” the local authority must assess.
This is a deliberately low threshold. You do not need a diagnosis. You do not need the school’s permission. You do not need to prove that support already in place has failed.
Your request should be directed to the Local Authority that you live in, and needs to explain your child’s needs and why additional, specialist, or more intensive provision may be required. You will can include also include supporting evidence.
What happens after you request an assessment?
Once your request is received, the local authority has six weeks to decide whether to carry out an assessment. If they agree, the full assessment must be completed and a decision made about issuing a plan within the statutory timeframes.
What if the Local Authority refuses to assess your child?
A refusal to assess can feel like a major setback — but you still have strong rights, and a refusal is far from the end of the process.
Firstly, the local authority must confirm its decision in writing. The letter should explain the reasons for refusal and inform you of your right to appeal. Sometimes, decisions are based on incomplete information, so check whether the authority has misunderstood your child’s needs or the level of support required.
You are entitled to see the paperwork the LA used when making its decision, such as reports from school or professionals. This can help you understand any gaps or weaknesses in the information they considered, as well as what further evidence you may want to gather.
What do you do next?
You may wish to obtain updated documents, records and your own thoughts on your child’s needs. This will assist you in arguing that the Local Authority has made the wrong decision. This is also a good time to obtain specialist legal advice, to ensure you understand the law and what evidence may be useful for you to move forward.
Before appealing the Local Authority’s decision not to assess your child, you must contact a mediation adviser. Mediation itself is optional, but the adviser will issue a certificate allowing you to appeal whether you choose mediation or not. Some families find mediation helpful; others prefer to move directly to appeal.
If you disagree with the refusal, you can appeal to the First‑tier Tribunal (Special Educational Needs and Disability). You must submit your appeal within two months of the refusal letter (or one month from the mediation certificate, whichever is later).
The Tribunal looks at the evidence independently and frequently overturns refusals to assess where the legal threshold is met. Many successful appeals follow an initial parental request.
How can we assist you?
We know this journey can feel overwhelming and emotionally exhausting, which is why Fisher Jones Greenwood is here to guide you every step of the way. Keep copies of reports and emails, note key deadlines (including the six‑week decision window for whether to assess and the appeal time limits), and don’t be deterred by “wait and see” messages if your child’s needs are not being met. Please do get in contact with us if you require any assistance.
How FJG can help
Our dedicated family law team is here to offer compassionate advice and practical legal solutions. Whether you need help securing protective orders, navigating family home disputes, or ensuring the safety of your children, we are committed to supporting you through this challenging time.
Sam Howlett is a Solicitor in our Family team advising clients in Special Educational Needs law, and a broad range of family matters, including divorce, finances and children cases, as well as having experience in child protection issues and Social Services.
If you have any queries on the above subject, please do not hesitate to get in touch with Sam on 0845 543 5700 or complete our online enquiry form.