Request an EHC needs assessment — the platform drafts your letter | EHCP Clarity
EHCP preparation platform

The platform builds your EHC needs assessment request — you review and submit

You have the right to request an assessment under section 36 — no school permission or diagnosis required. The EHCP Clarity platform drafts your request letter, parent statement, and evidence pack. The local authority must decide within 6 weeks. You edit every word before you send. £149/year.

Case preparation support only · Not legal advice or tribunal representation

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Requesting an assessment? Guided prompts structure your letter — no documents needed to start.

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Quick answer

Any parent or carer can request an EHC needs assessment by writing to the local authority's SEND team under section 36 of the Children and Families Act 2014. The local authority must decide within 6 weeks whether to assess. If they refuse, you can appeal to the SEND Tribunal within 2 months. No diagnosis is required. School support does not block your right to request.

Your statutory right to request

Section 36 of the Children and Families Act 2014 gives parents and carers the right to request that the local authority carries out an EHC needs assessment. The local authority 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 local authority must assess if it may be necessary to determine what EHC provision is needed. This means the local authority 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 local authority 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 local authority 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

local authority 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 local authority decides one is needed)

How to request an EHC needs assessment

  1. 1

    Write your request letter

    Draft a clear letter addressed to your local authority'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. 2

    Send the letter to the right address

    Send your letter (and copies of reports) to the local authority's SEND or EHC team. Most local authorities 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 local authority receives it.

  3. 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. 4

    Follow up if you do not hear within 6 weeks

    If you have not received a decision within 6 weeks, contact the local authority in writing and refer to the statutory deadline. If the local authority continues to delay without explanation, you can contact your local SENDIASS for advice on next steps.

  5. 5

    Respond to the local authority's decision

    If the local authority agrees to assess, cooperate with the process and ensure all relevant professionals are contacted. If the local authority 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 local authority

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 local authority'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 local authority'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 local authority's decision within the 6-week window

Frequently asked questions

Who can request an EHC needs assessment?
Parents and carers, young people aged 16 to 25, and schools or other educational settings can all request an EHC needs assessment. The parent or carer request carries the most weight and triggers a statutory 6-week decision window. You do not need the school's agreement to make the request.
How long does the local authority have to decide whether to assess?
The local authority must notify you of its decision within 6 weeks of receiving your request. This is a statutory deadline under the SEN and Disability Regulations 2014. If the local authority does not respond within 6 weeks, you can contact them to chase the decision in writing. Persistent delays may be grounds for a complaint.
What happens if the local authority agrees to assess?
If the local authority agrees to carry out an EHC needs assessment, it will gather information from relevant professionals — educational psychologist, SALT, OT, medical practitioners, and others. The full process from request to final EHCP (if one is issued) must be completed within 20 weeks of the local authority receiving your request.
Can I request an assessment even though my child already has SEN support at school?
Yes, and this is in fact the most common situation. Existing SEN support does not prevent you from requesting an assessment — if anything, a record of SEN support that has not been sufficient strengthens your request. The question for the local authority is whether assessment may be necessary to determine what EHC provision is needed.
What if the local authority says my child is too young or too old to request an EHCP?
EHCPs cover children and young people from birth to age 25. There is no minimum age — requests for very young children with complex needs are possible. For children under compulsory school age, the request can cover early years provision. For young people, the EHCP can continue up to age 25 if they are still in education or training.
Does my child need a diagnosis before I can request an assessment?
No. A diagnosis is not a legal requirement for requesting an assessment or for having an EHCP. The legal test is about special educational needs, not diagnoses. Many children with significant unmet SEN have not yet received a formal diagnosis. If your child is awaiting assessment for autism, ADHD, or another condition, you can and should still request an EHCP if their needs are not being met.
Can I request an assessment for a child at a private school?
Yes. The local authority's duties apply regardless of the type of school the child attends. Private or independent schools do not remove your right to request an EHC needs assessment from the local authority. However, the EHCP process and any placement named will still be determined by the local authority.
What happens if the local authority refuses to assess?
If the local authority refuses, you will receive a formal decision letter explaining their reasons. You have the right to appeal this refusal to the First-tier Tribunal (SENDIST) within 2 months of the decision letter. See our guide on appealing a refusal to assess for the full process.

Sources and further reading

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