Action tool
Request an EHC needs assessment
Any parent can ask their local authority to assess whether their child needs an EHC plan — directly, in writing, without anyone's permission. This page builds that letter for you around the actual legal test, and knocks down the three lines most often used to turn parents away.
The legal test — two limbs, both “may”
The local authority is not deciding whether to issue a plan at this stage. It must carry out an assessment if it is of the opinion that your child has or may have special educational needs, and that it may be necessaryfor special educational provision to be made through an EHC plan. Both limbs turn on “may” — a deliberately low threshold:
“The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that— the child or young person has or may have special educational needs, and it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.”
Children and Families Act 2014, s.36(8)
Once your request is in, the clock runs — the authority must tell you its decision within 6 weeks:
“The local authority must notify the child's parent or the young person as soon as practicable and in any event within 6 weeks of— (a) receiving a request for an assessment under section 36(1) of the Act … of its decision whether or not it is necessary to secure an EHC needs assessment for the child or young person.”
SEND Regulations 2014 (SI 2014/1530), reg 5(1) — work out your exact date
Myth vs fact — the standard turn-away lines
Myth
“You need a diagnosis before you can ask for an assessment.”
Fact: The statutory test is about needs, not labels. It asks whether the child or young person “has or may have special educational needs” and whether an EHC plan “may” be necessary — read the test below: it says nothing about a diagnosis. The assessment itself is how needs get formally identified.
“The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that— the child or young person has or may have special educational needs, and it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.”
Children and Families Act 2014, s.36(8)
Myth
“The school must complete more SEN Support cycles first.”
Fact: There is no minimum number of SEN Support cycles or terms in the legal test. The Code of Practice does tell authorities to look at the action a school has already taken and the progress made (para 9.14) — so evidence of what has been tried helps — but any local criteria are guidelines only, and the authority must not apply them as a blanket rule:
“local authorities must be prepared to depart from those criteria where there is a compelling reason to do so in any particular case … Local authorities must not apply a ‘blanket’ policy to particular groups of children or certain types of need, as this would prevent the consideration of a child’s or young person’s needs individually and on their merits.”
SEND Code of Practice (January 2015), para 9.16
Myth
“The school has to agree — or make the request itself.”
Fact: A parent (or the young person themselves) can make the request directly, in their own right. The school's agreement is not part of the statutory route:
“A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.”
Children and Families Act 2014, s.36(1)
Honest flip side: the Code of Practice does tell authorities to weigh the evidence of what has already been tried — “In considering whether an EHC needs assessment is necessary, the local authority should consider whether there is evidence that despite the early years provider, school or post-16 institution having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child or young person, the child or young person has not made expected progress.” (SEND Code of Practice (January 2015), para 9.14). So evidence of action taken and progress not made strengthens a request — it just isn't a lawful precondition for one.
Build the letter
The wording below is fixed around the statutory test — you add the details. It requests the assessment under s.36(1), states the s.36(8) test, pre-empts the diagnosis and SEN-Support-cycles turn-aways, and asks for the decision within the 6-week deadline.
Nothing you type here is transmitted. The letter is assembled on this page, in your browser, from fixed template wording plus what you enter — copy it or download it, then send it yourself. We never see it.
Your letter
Fill in your full name, child's full name, child's date of birth, school or setting (write 'not currently in a setting' if none), local authority and the finished letter will appear here.
If the answer is no — or no answer comes
A refusal to assess carries a right of appeal to the SEND Tribunal, and refusal appeals overwhelmingly succeed — see the refusal appeal pack. If 6 weeks pass with no decision, the authority is late on a statutory deadline: chase in writing, and use the deadline calculator to date your letters.
Where next
Related tools & next steps
NOJ publishes sourced legal information about England's SEND framework. Check the source links and review date on this page because law and guidance can change. We are not a law firm and do not provide legal advice about your individual situation. For help with your own case: IPSEA (ipsea.org.uk), SOS!SEN (sossen.org.uk), or your local SENDIASS via your council's Local Offer. Rules on this page verified as of 2026-07-10.