Perhaps you have been told to wait. Wait for the school to apply, wait for a diagnosis, wait for the next round of support to bed in. Meanwhile you watch your child struggle, and it feels as if everyone holds the keys except you.
Here is the fact that changes things: you hold a key too. As a parent, you have your own legal right to request an EHC needs assessment, the first formal step towards an EHCP. You do not need the school to do it for you, and you do not need anyone’s permission.
This guide covers England. It walks you through who has the right to ask, the legal test the Local Authority must apply, what to put in a one-page letter, where to send it, and what happens next.
None of it needs a lawyer. Most of it fits on one page.
Your right to ask is written into the law
Section 36(1) of the Children and Families Act 2014 says a request for an EHC needs assessment may be made by the child’s parent, the young person, or a person acting on behalf of a school or post-16 institution.
Read that list again. Parents are on it in their own right. A request from you starts exactly the same legal process, with exactly the same deadlines, as a request from a headteacher. A young person aged 16 to 25 can also make the request themselves.
The request goes to your Local Authority (the “council”, as many parents search for it). The Local Authority, not the school, is the body that decides.
The legal test is lower than most people think
When your request arrives, the Local Authority must apply the test in section 36(8) of the Children and Families Act 2014. It must consider whether your child “has or may have special educational needs”, and whether it “may be necessary” for special educational provision to be made for them in accordance with an EHC plan.
Notice the word “may”, used twice. This is a test of possibility, not proof. You do not have to demonstrate that your child definitely has special educational needs, and you do not have to prove that a plan is definitely required. You only have to show there is a real question worth investigating. Answering that question properly is what the assessment itself is for.
Why writing wins, even though the law does not require it
Nothing in the law says your request has to be in writing. There is no official form and no magic wording.
Write it down anyway. The deadlines that protect you all run from the date the Local Authority receives your request. Under regulation 5(1) of the Special Educational Needs and Disability Regulations 2014, the Local Authority must tell you, within 6 weeks of receiving the request, whether it will carry out the assessment. A dated email fixes that start line beyond argument. A phone call leaves it fuzzy.
Writing has a second advantage: it forces the story into shape, and that shape helps everyone who reads it later.
What the one-page letter contains
Keep it to one page. You need:
- Your name and contact details
- Your child’s full name, date of birth, and their school or setting
- One operative sentence: “I am requesting an EHC needs assessment for my child”
- Two or three plain sentences on your child’s needs and how they affect learning and daily life
- A brief note of what support has been tried and why you believe it is not enough
- One sentence echoing the legal test: your child has or may have special educational needs, and it may be necessary for special educational provision to be made through an EHC plan
- A list of anything you are enclosing, if you have reports
- A request for written acknowledgement of the date your request was received
- The date and your name at the bottom
That is the whole job. Clear beats long.
An example letter you can adapt
Dear SEND Team,
Re: [Child’s full name], date of birth [DD/MM/YYYY], currently at [school or setting]
I am requesting an EHC needs assessment for my child under section 36(1) of the Children and Families Act 2014.
[Two or three sentences: the needs you see and how they affect school and home life, then one on the support tried and why it is not enough.]
I believe [first name] has or may have special educational needs, and it may be necessary for special educational provision to be made in accordance with an EHC plan.
Please acknowledge this request in writing and confirm the date you received it. I understand the decision on whether to assess is due within 6 weeks of receipt.
Yours faithfully,
[Your name]
[Phone and email]
[Date]
Swap the brackets for your child’s details and it is ready. Attach copies of any reports you have. If you have none, send it anyway: gathering evidence is the assessment’s job, not a condition of asking.
Where to send it
Address it to the SEND team at your Local Authority (some call it the SEN team, the statutory assessment team, or the EHC team). Every Local Authority publishes a Local Offer website listing its SEND contacts: searching its name plus “Local Offer” and “EHC needs assessment” usually finds the right email address within a minute.
Email is ideal because it stamps the date. Keep a copy of what you sent and mark 6 weeks ahead in your calendar. Tell the school too, as a courtesy: you do not need their agreement, but they will usually be asked for information, and a school that sees the request coming responds faster.
What happens next
Within 6 weeks of receiving your request, the Local Authority must notify you of its decision on whether to carry out the assessment (regulation 5(1) again).
If the answer is yes, the assessment gathers advice from you, the school and the professionals who know your child. If the process runs all the way to a plan, regulation 13(2) of the same Regulations sets the wider clock: a final EHC plan within 20 weeks of your request being received.
If the answer is no, the refusal is not the end. The decision comes with appeal rights: mediation is available, and you can appeal to the SEND Tribunal, which is independent of the Local Authority. A refusal is a decision that can be challenged, not a verdict on your child.
Three myths that stop parents asking
“We need a diagnosis first.” No. The section 36(8) test asks whether your child has or may have special educational needs. It says nothing about diagnosis. You can request an assessment while you are still on a waiting list.
“The school has to apply, or at least agree.” No. Section 36(1) gives you a parental right of your own. School support is helpful evidence, not a permission slip.
“You have to wait for more terms, or more cycles of SEN support.” No. The law sets no minimum waiting period and no required number of support cycles before you can ask. Evidence of what has been tried strengthens a request, but waiting is a choice, not a rule.
Frequently asked questions
Do I need professional reports before I send the request?
No. Enclose copies of anything you already have, but the law does not make reports a condition of asking. The assessment exists to gather professional advice, so do not delay for months to chase paperwork first.
Can I request an assessment while we wait for an autism or ADHD assessment?
Yes. The section 36(8) test asks whether your child has or may have special educational needs, so being undiagnosed, or on a waiting list, does not stop you. The assessment looks at needs and provision, not labels.
What if the Local Authority refuses to assess?
The refusal comes with appeal rights: mediation, and an appeal to the independent SEND Tribunal. Get free advice from IPSEA or your local SENDIASS, and keep the decision letter safe: the reasons in it shape your next step.
What to read next
The next step is knowing exactly where you stand and having the words ready.
Our free course SCOPE walks the whole EHCP journey lesson by lesson, and it is where our letter templates live, including the assessment request letter ready to adapt.
For a quick, personal read on your rights today, the free SEND Rights Quiz takes a few minutes and points you to your next move.
This guide is information, not legal advice. For free advice on your individual situation, contact IPSEA or your local SENDIASS, the free, impartial SEND advice service in every area.