Your right to apply directly
Under the Children and Families Act 2014, a parent or carer has the right to request an EHC needs assessment at any time. The local authority must decide whether to carry out the assessment. The school does not have a veto over your request.
Write directly to the local authority's SEND team — not to the school. The local authority must respond within 6 weeks. If they refuse, you have the right to appeal.
What the school's role actually is
If the local authority agrees to carry out an EHC needs assessment, it will ask the school for advice and information as part of the assessment. The school must provide this within 6 weeks. However:
- The school cannot prevent the assessment from happening
- The local authority weighs all evidence — not just the school's view
- Your parent statement and any professional reports you provide matter equally
What to do if the school is obstructive
- 1
Apply directly to the local authority
Write to the SEND team at your local authority requesting an EHC needs assessment. Your letter should describe your child's needs, the support tried at school, and why you believe an EHCP may be necessary.
- 2
Request your child's school records
Ask the school for copies of SEN support plans, progress data, incident records, and any professional reports they hold. They must provide these to you.
- 3
Contact SENDIASS
Your local Special Educational Needs and Disability Information Advice and Support Service provides free, impartial advice and can support you through the process.
- 4
Write a detailed parent statement
Your observations as a parent are evidence the school cannot provide. Describe in detail what you see at home, your child's difficulties, and the impact on their life.
What your pack can include
- Draft EHC needs assessment request letter addressed to the local authority
- Parent statement — your observations, impact, and views
- Chronology of support tried and what the school has or hasn't done
- Evidence organiser for any professional reports you have
Frequently asked questions
- Does the school need to agree before I apply for an EHCP?
- No. Parents and carers have a legal right to request an EHC needs assessment directly from the local authority. You do not need the school's permission or support. The local authority must consider your request regardless of the school's view.
- Can I apply even if the school says my child doesn't need an EHCP?
- Yes. The school's view is one factor among many. The local authority must make its own decision based on all available evidence, including your parent statement. Many parents have successfully obtained EHCPs despite initial school opposition.
- What if the school won't give me documents or reports?
- Schools must provide parents with copies of SEN-related records on request. If a school refuses, you can escalate to the local authority or contact the school's governor or trust. You can still apply without school evidence — explain the circumstances in your request letter.
- My child attends an independent school — can I still apply?
- Yes. Children attending independent schools can still receive EHCPs. The local authority in the area where you live is responsible for the assessment. You should contact that local authority directly.