Your statutory right to request
Section 36(1) of the Children and Families Act 2014 gives a child's parent, a young person, or a person acting on behalf of a school or post-16 institution the right to request that the local authority secures an EHC needs assessment. The local authority must notify you of its decision whether or not to assess within 6 weeks under regulation 5 of the SEN and Disability Regulations 2014.
The legal threshold for agreeing to assess is low. Under section 36(8), the local authority must secure an assessment if it is of the opinion that (a) the child or young person has or may have special educational needs, and (b) it may be necessary for special educational provision to be made in accordance with an EHC plan. That is not a requirement for certainty that an EHCP will be issued. Many parents succeed at this first hurdle when they present well-evidenced requests.
Who can request an assessment?
- The child's parent (including those with parental responsibility)
- The young person (typically aged 16 to 25, in their own name)
- A person acting on behalf of a school or post-16 institution
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)
What strong cases do next
- 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
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
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.
2 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
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
2 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
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
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
What your pack includes
- Assessment request letter, written from your intake and reports — you review before you send
- Council-response matching and SEND law in that letter
- Named reports referred to by author, date and what they show
- Assigned case professional who prepares and checks it
- How to send, one revision, and 14 days of email support