How to Apply for an EHCP: A Step-by-Step Guide for Parents and Carers

29 September 2026

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    If you're considering applying for an Education, Health and Care Plan (EHCP) for your child, you're probably asking one simple question:

    "Where do I start?"

    For many families, the EHCP process can feel confusing at first. There are unfamiliar terms, different professionals involved and a lot of information online, much of which can feel overwhelming when you're already trying to support your child.

    The good news is that you do not need to be an expert to begin the process.

    Many parents start their EHCP journey because something doesn't feel quite right. Perhaps their child is struggling in school despite receiving support, finding it difficult to keep up with learning, experiencing anxiety around education, or facing challenges that aren't improving over time.

    If this sounds familiar, you are not alone.

    This guide explains how to apply for an EHCP, what evidence can help, what timescales to expect and what options may be available if your request is refused.

    What Parents and Carers Need to Know

    Before looking at the application process in detail, there are a few key points that many parents find helpful to know:

    • Parents and carers can request an EHC Needs Assessment themselves.
    • A formal diagnosis is not required.
    • You do not need to wait for a school to start the process.
    • The local authority should usually complete the process within 20 weeks.
    • You have rights if a request is refused.
    • The focus is on your child's needs and the support they require, rather than a diagnostic label.

    What Is an EHC Needs Assessment?

    Before an EHCP can be issued, the local authority must first decide whether a detailed assessment of your child's needs is required.

    This is called an Education, Health and Care Needs Assessment.

    The assessment process is designed to build a clearer picture of your child's needs and understand the support they may require to access education successfully.

    It looks at more than just academic attainment. It considers how your child communicates, learns, interacts with others, manages within the school environment and accesses day-to-day education.

    Information is gathered from a range of sources, including parents, school staff and professionals involved in supporting your child.

    The local authority then uses this information to decide whether an EHCP is needed.

    Who Can Request an EHC Needs Assessment?

    One of the most common misconceptions about EHCPs is that schools have to start the process.

    In reality, parents and carers have the right to request an EHC Needs Assessment directly from their local authority.

    Requests can also be made by schools, colleges and, in some circumstances, young people aged between 16 and 25.

    Many parents find it reassuring to know that they do not need to wait for somebody else to take action if they believe their child needs additional support.

    If you feel your child's needs are not being fully understood or met, you can take the first step yourself.

    Could My Child Need an EHCP?

    Every child is different, and there is no checklist that guarantees whether an EHCP will be appropriate.

    However, many parents begin considering an EHCP when they notice that their child continues to face significant difficulties despite support already being in place.

    You may wish to explore an assessment if your child:

    • Continues to struggle despite receiving SEN Support
    • Requires support from multiple professionals
    • Finds it difficult to access learning in the same way as their peers
    • Requires significant adjustments throughout the school day
    • Is not making expected progress
    • Experiences difficulties that have a substantial impact on their education

    Importantly, an EHCP is not about proving that a child has a particular condition or diagnosis.

    The key question is whether they require additional support beyond what a school would normally be expected to provide through its existing resources.

    What Evidence Can Strengthen Your Request?

    One concern many parents have is whether they have enough evidence.

    The reality is that you do not need a file full of reports before making a request.

    However, any information that helps demonstrate your child's needs can be useful.

    This might include:

    • School reports
    • SEN Support plans
    • Medical letters
    • Therapy reports
    • Attendance records
    • Communication with school
    • Educational psychologist reports
    • Your own observations as a parent

    As a parent, you are often one of the people who knows your child best.

    Your experiences, observations and examples of day-to-day difficulties can form an important part of the overall picture.

    Making the Request

    The process normally begins with a written request to your local authority's SEND team.

    This can feel like one of the most daunting parts of the journey, but it doesn't need to be perfect.

    The most important thing is to explain:

    • What difficulties your child is experiencing
    • What support is already in place
    • Why you believe further assessment is needed
    • How those difficulties affect your child's education

    Where possible, try to include specific examples rather than broad statements.

    For example, instead of saying:

    "My child struggles at school."

    You might explain:

    "My child regularly becomes overwhelmed in class, requires adult support to complete tasks and is falling behind their peers academically."

    Real-life examples help bring your child's experiences to life.

    Top Tips for Writing Your Request

    Parents often worry about saying exactly the right thing.

    In reality, the most effective requests are usually the clearest and most honest.

    When preparing your request:

    • Focus on your child's needs rather than diagnostic labels.
    • Use examples from everyday school life.
    • Include any supporting documents you already have.
    • Keep copies of everything you send.
    • Don't delay because you are waiting for an assessment or diagnosis.

    Remember, the purpose of the request is simply to help the local authority understand why a more detailed assessment may be needed.

    What Happens After You Submit Your Request?

    Once your request has been submitted, the waiting begins.

    For many parents and carers, this can be one of the most challenging parts of the process. After taking time to gather information and explain your child's needs, it is natural to want answers quickly.

    The local authority will review the information provided and decide whether an Education, Health and Care Needs Assessment should take place.

    This decision should usually be made within six weeks of receiving the request.

    At this stage, the local authority may decide to:

    • Proceed with an EHC Needs Assessment
    • Refuse the request

    Whilst waiting, it can be helpful to keep copies of any correspondence and continue gathering information that may support your child's case.

    What If the Local Authority Agrees to Assess?

    If the local authority agrees to carry out an assessment, information will be gathered from people who know and support your child.

    This is an important part of the process because it helps build a detailed picture of your child's strengths, challenges and support needs.

    Information may be requested from:

    • Parents and carers
    • Your child's school or college
    • Educational psychologists
    • Health professionals
    • Therapists involved with your child
    • Social care professionals, where appropriate

    The aim is to understand not only what your child finds difficult, but also what support may help them succeed in education.

    This stage can take several weeks as reports are requested and professional advice is gathered.

    Understanding the 20-Week Timeline

    One question we are often asked is how long the EHCP process takes.

    The statutory timescale is usually 20 weeks from the date the local authority receives the request for an EHC Needs Assessment.

    A simplified timeline looks like this:

    Weeks 0 to 6

    The local authority decides whether to carry out an assessment.

    Weeks 6 to 16

    Information and professional advice are collected.

    Weeks 16 to 18

    The local authority decides whether an EHCP should be issued.

    Weeks 18 to 20

    A draft EHCP is prepared, reviewed and finalised.

    Although many cases follow this timescale, delays can sometimes occur.

    Understanding the process can help families know what to expect and when important decisions should be made.

    What If the Local Authority Refuses to Assess?

    Receiving a refusal can feel disappointing, especially when you believe your child needs additional support.

    However, a refusal does not necessarily mean that your concerns are unfounded or that you have reached the end of the road.

    There are various reasons why a local authority may decide not to carry out an assessment, including:

    • They believe your child's needs can be met through SEN Support
    • They believe there is insufficient evidence at the time of the request
    • They consider an assessment to be unnecessary

    If you disagree with the decision, it is important to remember that parents and carers have rights and options available to them.

    Seeking advice early can help you understand the reasons for the decision and the next steps available.

    What If My Child's School Doesn't Agree?

    Many parents worry that they cannot request an EHCP unless the school supports the application.

    This is not the case.

    Whilst schools play an important role in supporting children with SEND, parents and carers can request an EHC Needs Assessment directly from their local authority.

    If you are concerned that your child's needs are not being fully recognised or supported, you do not need to wait for someone else to take action before exploring your options.

    What Happens If an EHCP Is Issued?

    If the local authority decides that your child requires support beyond what can reasonably be provided through SEN Support alone, it may decide to issue an EHCP.

    Before the plan becomes final, you will usually receive a draft version.

    This gives you the opportunity to review:

    • Your child's identified needs
    • The support being proposed
    • The outcomes included within the plan
    • The educational placement being considered

    It is important to read the draft carefully and ensure it accurately reflects your child's circumstances and support requirements.

    Once finalised, the educational provision detailed within the EHCP becomes legally enforceable.

    What Happens If the Local Authority Refuses to Issue an EHCP?

    Sometimes a local authority will agree to carry out an assessment but later decide that an EHCP is not required.

    This can be frustrating for families, particularly after spending time participating in the assessment process.

    If this happens, parents and carers have the right to understand why the decision was made and may have options available to challenge it if they disagree.

    A refusal to issue an EHCP does not mean a child does not have special educational needs. The decision is based on whether the local authority believes those needs require provision beyond what would usually be available through SEN Support.

    Common Mistakes Parents Should Avoid

    Many parents are navigating the EHCP process for the first time, so it is completely understandable that questions and concerns arise.

    Some common mistakes include:

    • Waiting for a diagnosis before requesting an assessment
    • Assuming only a school can start the process
    • Focusing on a diagnosis rather than describing needs
    • Not keeping copies of correspondence and reports
    • Missing important deadlines

    Remember, the focus should always be on your child's individual needs and the support required to help them access education and achieve their potential.

    How We Can Help

    Applying for an EHCP can feel overwhelming, particularly when you are already supporting a child with additional needs.

    Whether you are considering making your first request, navigating the assessment process, reviewing a draft EHCP or responding to a local authority decision, understanding your options can make a significant difference.

    Our Education Support Service provides practical guidance and support on:

    • Education, Health and Care Needs Assessments
    • EHCP applications
    • Draft EHCP reviews
    • Annual Reviews
    • School placements
    • Refusals and appeals
    • SEND Tribunals

    We are committed to helping children and young people access the support they need to learn, develop and achieve their potential.

    Need Help Navigating the EHCP Process?

    Contact our friendly team today to discuss your child's situation, or complete our quick online enquiry form to schedule your initial consultation.

    About Lovedays

    Lovedays Solicitors, Brooke-Taylors Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited which is a company registered in England and Wales under company number 08838592. Registered office Sherwood House, 1 Snitterton Road, Matlock, Derbyshire, DE4 3LZ.

    Authorised and Regulated by the Solicitors Regulation Authority under SRA ID number 637916.


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