Your statutory right to request
Section 36 of the Children and Families Act 2014 gives parents and carers the right to request that the LA carries out an EHC needs assessment. The LA must then decide whether to proceed with the assessment — and must notify you of its decision within 6 weeks under Regulation 6 of the SEN and Disability Regulations 2014.
The legal threshold for agreeing to assess is low: the LA must assess if it may be necessary to determine what EHC provision is needed. This means the LA should assess if there is any reasonable prospect that an EHCP might be required — not only if it is certain. Many parents succeed at this first hurdle when they present well-evidenced requests.
Who can request an assessment?
- Parents and carers of children aged 0 to 16
- Young people aged 16 to 25 (directly, in their own name)
- Schools, nurseries, and other educational settings
- Other professionals involved in the child's care (with parental consent)
Parent requests are directly governed by section 36 CFA 2014 and must be decided within 6 weeks. School requests work under the same framework. You do not need the school's agreement to make your own request.
What to include in your request
Your request does not need to use legal language, but it should be detailed enough to give the LA a clear picture of why assessment may be necessary. A strong request typically covers:
- Your child's needs: Describe all areas of difficulty — learning, communication, social, emotional, sensory, physical. Use specific examples from daily life and school.
- Support already tried: Explain what SEN support has been in place (at school and elsewhere) and why it has not been sufficient. Describe outcomes — has your child progressed? What gaps remain?
- Professional involvement: List any professionals who have assessed or are currently working with your child. Attach copies of reports if you have them.
- Impact on your child: Explain how unmet needs affect your child's education, development, wellbeing, and daily life. Be specific — the Tribunal and LA want to understand your child's lived experience.
- Why assessment may be necessary: Explain, in plain language, why you believe SEN support alone is not sufficient and why a statutory plan may be needed.
Statutory timescales
6 weeks
LA decision
From receiving your request to notifying you whether they will assess
12 weeks
Assessment complete
From agreeing to assess to completing the EHC needs assessment
20 weeks
Final EHCP (if issued)
From your request to the final EHCP being issued (if the LA decides one is needed)
How to request an EHC needs assessment
- 1
Write your request letter
Draft a clear letter addressed to your LA's SEND team. State that you are requesting an EHC needs assessment under section 36 of the Children and Families Act 2014. Describe your child's needs, the support already tried, and why you believe assessment may be necessary. Attach any professional reports you have.
- 2
Send the letter to the right address
Send your letter (and copies of reports) to the LA's SEND or EHC team. Most LAs accept email — check their SEND Local Offer website for the correct contact. Send by email AND post if you are unsure. Note the date you sent it — the 6-week clock starts when the LA receives it.
- 3
Record everything
Keep a copy of your letter, the date you sent it, and any read receipts or delivery confirmations. If you send by post, consider recorded delivery. If by email, request a read receipt or keep the sent email.
- 4
Follow up if you do not hear within 6 weeks
If you have not received a decision within 6 weeks, contact the LA in writing and refer to the statutory deadline. If the LA continues to delay without explanation, you can contact your local SENDIASS for advice on next steps.
- 5
Respond to the LA's decision
If the LA agrees to assess, cooperate with the process and ensure all relevant professionals are contacted. If the LA refuses, check your appeal deadline immediately — you have 2 months from the refusal letter to appeal to the SEND Tribunal.
Documents and evidence to gather
- Educational psychologist report (if you have one)
- Speech and language therapy assessment
- Occupational therapy report
- Medical letters or reports (paediatrician, CAMHS, etc.)
- School SEN support plan, IEP, or SEMH support records
- School reports and progress data
- Any previous assessment or advice from other professionals
- Your own written account of your child's needs and daily difficulties
- Copies of correspondence with school SENDCO and the LA
Before you send your request
- Your letter clearly states this is a request under section 36 of the Children and Families Act 2014
- You have described all areas of your child's SEN, not just the most obvious ones
- You have explained what support has been tried and why it has not worked
- You have attached or listed all relevant professional reports
- You have included your child's name, date of birth, and school
- You have the correct email and postal address for the LA's SEND team
- You have a copy of the letter and the date you sent it
Common mistakes when requesting an EHC needs assessment
- Sending to the wrong department — check the LA's SEND team contact on their Local Offer website
- Not keeping a copy of the request or a record of when it was sent
- Writing only about school concerns — include home, social, and emotional difficulties too
- Not attaching professional reports because they feel too informal — include everything
- Assuming the school must make the request — parents can do this independently
- Waiting too long — the longer SEN goes without formal support, the harder it can be to demonstrate need
What your pack includes
- AI-drafted EHC needs assessment request letter based on your child's specific situation
- Parent evidence framework — a structured prompt to help you describe all areas of need
- Evidence checklist — what professional reports to attach and how to request them
- Chronology template — record of needs, support tried, and outcomes over time
- Follow-up letter templates — for chasing the LA's decision within the 6-week window