Who can apply?
Any of the following can request an EHC needs assessment, which is the first step towards getting an EHCP:
- A parent or carer
- The young person themselves (if aged 16–25)
- A school, college, or early years setting
- A health or social care professional
You do not need the school's agreement to apply — see our guide on what to do if school won't support your application.
What the local authority considers
When deciding whether to carry out an EHC needs assessment, the local authority must consider whether:
- The child or young person has or may have special educational needs
- It may be necessary to make special educational provision through an EHCP
- Existing support in school has been tried and is not sufficient
Steps in the EHCP process
- 1
Request an EHC needs assessment
Write to the local authority's SEND team requesting an assessment. Include your child's needs, the support tried, and why an EHCP may be needed.
- 2
LA decision: whether to assess (6 weeks)
The LA must decide within 6 weeks whether to carry out the assessment. If they refuse, you have the right to appeal.
- 3
EHC needs assessment (12 weeks)
If the LA agrees, they gather advice from education, health, and social care professionals, and from you as a parent.
- 4
Draft EHCP issued
If the assessment shows your child needs an EHCP, the LA issues a draft. You have at least 15 days to comment.
- 5
Final EHCP issued (20 weeks total)
The final EHCP must be issued within 20 weeks of the original request. You can appeal decisions about its content.
What your pack can include
- Draft EHC needs assessment request letter
- Evidence checklist — what to gather and attach
- Parent views and wishes section
- Chronology of support tried and outcomes
- Evidence organiser for professional reports
Frequently asked questions
- What is an EHCP?
- An Education, Health and Care Plan (EHCP) is a legally binding document that sets out a child or young person's special educational needs, the outcomes they are working towards, and the provision the local authority must secure to meet those needs.
- Who can apply for an EHCP?
- A parent or carer, the young person themselves (if aged 16–25), the school or college, or any professional involved in the child's care can request an EHC needs assessment. The local authority can also initiate one.
- How long does the EHCP process take?
- The local authority has 20 weeks from receiving the request to complete the assessment and issue the final EHCP (if one is needed). There are specific time limits at each stage, including 6 weeks for the initial decision on whether to assess.
- What if the local authority refuses to assess?
- You have the right to appeal the refusal to the SEND Tribunal (First-tier Tribunal, Special Educational Needs and Disability). You must act within 2 months of the decision letter. See our appeal guide for more detail.