Dyslexia as SEN — the legal framework
Dyslexia is a specific learning difficulty (SpLD) that primarily affects reading, spelling and writing fluency. It is recognised as a disability under section 6 of the Equality Act 2010 where it has a substantial and long-term effect on day-to-day activities — including educational activities.
Under section 20 of the Children and Families Act 2014, dyslexia constitutes SEN where it calls for special educational provision — meaning provision that is additional to or different from what is normally provided in mainstream schools. The SEND Code of Practice places SpLD within the cognition and learning area of SEN (paragraphs 6.30-6.31).
Whether an EHCP is required depends on the level of provision needed. Many dyslexic children's needs are well met through SEN support: small-group literacy intervention, in-class support, exam adjustments. Others need substantially more — qualified specialist 1:1 teaching, structured cumulative literacy programmes, assistive technology, and curriculum modification. Where provision required exceeds notional SEN funding (~£6,000/year), the EHCP threshold is met.
When dyslexia warrants an EHCP
Indicators that a dyslexia profile may need an EHCP include:
- Significant and persistent gap between ability and literacy attainment despite SEN support
- Reading age more than 2 years below chronological age in upper primary or secondary
- Co-occurring difficulties (DCD, ADHD, working memory difficulties) compounding learning needs
- Emotional or wellbeing impact (low self-esteem, school refusal, anxiety around reading aloud)
- Need for specialist 1:1 teaching from a qualified dyslexia specialist (e.g. AMBDA-trained)
- Need for assistive technology that the school does not normally provide
- Inability of mainstream interventions (group literacy programmes) to close the gap
- Approaching exam years where extensive accommodations and ongoing support are needed
How to apply for an EHCP for dyslexia
- 1
Get a specialist dyslexia assessment
Either through school (some have access to qualified specialist teachers) or privately. Look for assessors with AMBDA, APC, or chartered EP qualification. Assessment should cover phonological processing, working memory, reading, writing, spelling, and educational impact.
- 2
Build attainment evidence
School progress data (SATs, end of year assessments, reading age data), comparison with cohort and ability. The pattern of persistent gap despite intervention is the foundation of a dyslexia EHCP case.
- 3
Document SEN support history
Records of literacy intervention tried, hours delivered, outcomes measured, qualified staff involved. The argument is that mainstream-level intervention has not closed the gap.
- 4
Identify co-occurring needs
Dyslexia frequently co-occurs with DCD/dyspraxia, ADHD, and emotional/wellbeing impact (low self-esteem, anxiety about reading aloud, school avoidance). Document all needs to build the full picture.
- 5
Submit the EHC needs assessment request
Frame around literacy needs requiring specialist provision beyond mainstream resources, the cost of provision needed, and the failure of school-level intervention to close the gap.
- 6
Negotiate Section F to specify dyslexia provision
At draft stage, propose: specified hours of 1:1 specialist literacy teaching, named programme, assistive technology, exam accommodations, qualified delivery (e.g. AMBDA or equivalent). Avoid 'access to literacy support' wording.
What dyslexia-appropriate Section F provision looks like
- 1:1 specialist literacy teaching — specified hours per week, named programme (e.g. Hickey, Hornsby, Toe by Toe, Sound Linkage), delivered by qualified specialist (AMBDA, APC, or equivalent)
- Assistive technology — named hardware/software (e.g. Read&Write, Clicker, Dragon Dictate), training in its use, and access throughout the school day
- Exam accommodations under JCQ — assessment of need, application for accommodations, ongoing review
- Modified curriculum where appropriate — reduced written content, alternative methods of recording (typing, voice-to-text)
- Differentiated reading materials — appropriate level, font, layout
- Structured spelling programme — multi-sensory approach with cumulative review
- Working memory support strategies — visual aids, chunked instructions, written backup of verbal instructions
- Termly review meetings with parents to track literacy progress
Building your dyslexia EHCP case
- Specialist dyslexia assessment (qualified teacher with APC or chartered EP)
- Recent EP report covering cognitive ability and learning profile
- Attainment data showing persistent gap (reading age, spelling age, vs cohort)
- School SEN support history with intervention details and outcomes
- Evidence of any co-occurring conditions (DCD, ADHD, working memory)
- Parent statement detailing impact at home (homework distress, self-esteem)
- Quantification of specialist provision required and cost
- Evidence of failed or insufficient mainstream literacy intervention
Common LA pushbacks on dyslexia EHCPs
- "Dyslexia is just a learning difficulty — SEN support is enough" — irrelevant to the legal test; the question is whether mainstream provision is sufficient.
- "School can manage with classroom adjustments" — quantify what has been tried and the persistent gap; argue specialist 1:1 is required.
- "There is no severity threshold met" — there is no statutory severity threshold; the test is provision required, not a percentile.
- "Mainstream school can meet needs" — true for many dyslexic children, but not where intensive specialist input is required; demonstrate the cost exceeds notional SEN budget.
- "Other children with similar profile do not have EHCPs" — irrelevant; the test is your child's individual needs and required provision.