Should I Apply for an EHCP Before SEND Reform? | EHCP Clarity
High-intent guide

Should parents apply for an EHCP before SEND reform?

If your child's needs are not being met, waiting for reform is unlikely to help. The current EHCP process still applies, and evidence takes time to organise.

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What you instruct

  • Request letter£249
  • Appeal grounds£349
  • Challenge to the plan£449
  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Sample of a request letter · mock names
The most recent school assessment data from March 2025 shows that [CHILD] is working at a level approximately three years below his chronological age in reading and writing, and at least two years below in spoken language and verbal comprehension.

Read the full examples · What each price includes

Case preparation support only · Not legal advice or tribunal representation

Quick answer

There is no fixed deadline to apply before SEND reform. But if your child's needs are not being met today, the current EHC needs assessment route still applies — and evidence gathering, local authority decisions and appeals can take months. Parents with clear unmet needs should not wait for the system to change before getting organised.

When applying now may make sense

Evidence strong cases usually include

  • School support has been tried and is not enabling adequate progress
  • Your child needs provision the school cannot reliably deliver from its own resources
  • Professional reports or school data show persistent unmet need
  • Attendance, behaviour or exclusions are escalating despite support
  • You need the legal certainty of Section F provision

1 more item 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.

Match my situation →Get yours prepared — From £249

See how to apply for an EHCP and request an EHC needs assessment.

When SEN support may still be the right starting point

Not every child with SEND needs an EHCP. If school support is being delivered consistently and your child is making adequate progress, strengthening SEN support may be appropriate before requesting an assessment.

However, you do not legally have to exhaust SEN support before applying. Compare EHCP vs SEN support.

Why waiting can create delay

The EHCP process is slow under current law — not because of reform, but because of how the system works:

  • 6 weeks for the local authority to decide whether to assess
  • Up to 20 weeks from request to final EHCP if assessment proceeds
  • Further months if you need to appeal a refusal
  • Evidence gathering — school records, reports, chronology — takes time in parallel

What evidence parents should gather

Whether you apply now or prepare first, organised evidence strengthens your position:

Evidence strong cases usually include

  • School progress data and attainment records
  • SEN support plans and review minutes
  • Professional reports (EP, SALT, OT, paediatrician, CAMHS)
  • Parent chronology of concerns and impact at home
  • Attendance, behaviour and exclusion records

1 more item 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.

Match my situation →Get yours prepared — From £249

How to decide your next step

Start with a clear EHCP route check. Answer a few questions about your situation and we will show you whether application, appeal or further evidence gathering is the right starting point under the current system.

Frequently asked questions

England · SEND

Should I apply for an EHCP before SEND reform?
If your child's needs are not being met and you believe an EHC needs assessment may be appropriate, you can use the current process now. There is no fixed legal deadline tied to reform. The practical reason to act is that evidence gathering, local authority decisions and appeals take months — and your child's needs exist today, not only when legislation changes.
Can I still request an EHC needs assessment?
Yes. Under section 36(1) of the Children and Families Act 2014, a child's parent, a young person, or a person acting on behalf of a school or post-16 institution can request an EHC needs assessment. The local authority must notify its decision within six weeks (SEND Regulations 2014, regulation 5). Proposed SEND reforms do not remove this right under current law.
Should I wait for the new SEND system?
If your child is struggling and support is not enough, waiting for reform is unlikely to resolve the problem. The current EHCP process is still the route parents use today. Evidence, school records and professional reports take time to gather — and local authority decisions and appeals can add further months of delay.
What evidence do I need for an EHCP?
Strong applications typically include school progress data, SEN support plans and reviews, attendance and behaviour records, professional reports (educational psychologist, speech and language therapist, occupational therapist, paediatrician, CAMHS), and a clear parent chronology showing unmet need. You do not need every report before applying, but organised evidence strengthens your case.
Will applying now guarantee an EHCP?
No. Requesting an EHC needs assessment does not guarantee the local authority will agree to assess or issue an EHCP. Prepare your evidence and request with support — it does not guarantee any outcome.
Can EHCP Clarity help me apply?
EHCP Clarity prepares the letter or grounds for the stage you are in, from the reports you send. You review it. You send it. Independent information is available from SENDIASS, IPSEA, or a SEN solicitor.

Related guides

Application guides

Sources and further reading

  1. GOV.UK — SEND reform: putting children and young people first (consultation) — Official government consultation on proposed SEND reforms
  2. GOV.UK — SEND reform consultation (HTML version) — Full consultation document including ISP and Specialist Provision Package proposals
  3. DfE Education Hub — What parents need to know about changes to the SEND system — Parent-facing explainer from the Department for Education
  4. House of Commons Library — Schools White Paper 2026: SEND Reform (CBP-10550) — Independent parliamentary briefing on proposed reforms and transition timelines
  5. GOV.UK — Children with special educational needs (current EHCP process) — Current statutory route for requesting an EHC needs assessment
  6. SEND Code of Practice 2015 — Department for Education statutory guidance — Current law and guidance that still applies today

Important: EHCP Clarity provides general information and document-organisation support. It is not a law firm, does not provide legal advice and does not guarantee an EHC needs assessment, EHCP, school placement or tribunal outcome. Parents should use official guidance and seek specialist legal advice where needed.