How to Request an EHCP Assessment: The 20-Week Process Explained

Your child has been on SEN Support for months, possibly years. Progress is minimal. The school keeps saying they're "meeting needs," but you can see the evidence to the contrary in your child's daily experience. At some point, someone mentions requesting an EHCP assessment. Here is exactly how that process works, what the law says, and what to do when things go wrong.

The Legal Threshold for Requesting an Assessment

Under Section 36(8) of the Children and Families Act 2014, a local authority must carry out an EHC needs assessment if two conditions are met: the child may have special educational needs, and it may be necessary to make special educational provision in accordance with an EHCP.

Notice the word "may" — it appears twice. The legal test is deliberately low. It is a predictive, provisional judgement. The assessment itself is the investigative process. A local authority cannot refuse to assess simply because they believe the child's needs are being met — they must assess if there is any reasonable possibility that an EHCP might be necessary.

Anyone can make a request: a parent, a young person aged 16 or over, a school, a health professional, or any other organisation. You do not need the school's permission or agreement.

What to Include in Your Request

Your request should be addressed to the Director of Children's Services at your local authority. It does not need to be a lengthy legal document, but it should include:

• A brief description of your child's needs and how those needs are affecting their education
• Evidence that SEN Support interventions have been tried and have not been sufficient — school reports, assessment data, professional reports if available
• A reference to the legal threshold under Section 36(8) of the Children and Families Act 2014

You do not need to prove that an EHCP will be needed — only that it may be needed. The bar is low deliberately. Attach what evidence you have, but do not delay sending the request while waiting for perfect documentation.

The 20-Week Statutory Timeline

Once the local authority receives your request, a strict statutory clock starts running. The process must be completed — from initial request to final EHCP issued — within 20 weeks.

Weeks 1–6: The decision to assess. The local authority has six weeks to decide whether to carry out a formal needs assessment. They must notify you of their decision. If they decide not to assess, you have the right to appeal to the SEND Tribunal.

Weeks 7–16: The assessment phase. The local authority commissions statutory advice from professionals, which must include an Educational Psychologist, medical staff, the child's school, any involved health services, social care (if relevant), and you as the parent. Under the "Tell Us Once" principle, the LA should use existing reports and avoid forcing you to repeat information already on record.

By week 16, the local authority must tell you whether they intend to issue an EHCP. If they decide not to issue one, you can again appeal this decision.

Week 20: Final EHCP issued. The local authority issues a draft EHCP. You are given a minimum of 15 days to review it, request amendments, and name your preferred school for Section I. After that window, the final EHCP is issued.

In reality, only 50.3% of EHCPs are issued within the 20-week statutory deadline. Knowing the timeline means you can track it, chase politely at the right moments, and escalate formally when deadlines are missed.

What Happens During the Assessment

The assessment is a professional evidence-gathering exercise. The local authority commissions written advice from relevant specialists. An Educational Psychologist (EP) assessment is almost always included — the EP will observe your child, review records, and produce a detailed report.

Crucially, you must also submit your own parental evidence. This is your formal opportunity to document what you observe at home: the meltdowns, the homework struggles, the anxiety about school, the sleep disruption. Your evidence carries equal legal weight to professional reports. Do not underestimate it.

If you feel the professional reports commissioned by the LA do not adequately reflect your child's needs, you can obtain an independent private assessment — though this costs several hundred pounds. Private EP assessments typically run £600–£1,000.

If the Local Authority Refuses to Assess

A refusal to assess is one of the most common points of conflict. The LA sends a letter citing that your child's needs can be met within "ordinarily available provision" or that SEN Support has been adequate. This decision can feel devastating, but it is not the end.

You have the right to appeal the refusal to the First-tier Tribunal (SEND). You must register your appeal within two months of the decision letter. The appeal process involves submitting your own evidence bundle. IPSEA offers free template letters for requesting assessments and guidance on tribunal preparation.

The important thing to know is that the Tribunal frequently overturns LA refusals. The burden of proof is relatively accessible for parents who can demonstrate that the child's needs have not been adequately met through existing support.

The England EHCP & SEN Blueprint includes a ready-to-use EHC needs assessment request letter, a timeline tracker, and a checklist for building your evidence file — everything you need to navigate the assessment process confidently.

After the Assessment: Reviewing the Draft EHCP

When the draft EHCP arrives, many parents are relieved — and then quickly disappointed. Draft plans frequently contain vague, non-committal language that provides little actual legal protection. Section F might say "access to speech and language therapy" rather than "45 minutes of direct SALT per week delivered by a qualified therapist."

That kind of vague wording is largely unenforceable. The draft review stage is your critical window to push back and demand specific, quantified provision before the plan is finalised. For a detailed guide to reviewing a draft EHCP, see how to review a draft EHCP.

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