EHCP Parent Rights: What the Law Actually Guarantees You

Parents navigating the EHCP system are often told what they cannot do — cannot request an assessment yet, cannot insist on a particular school, cannot force the LA to act faster. The reality is that parents have substantial, clearly defined legal rights throughout the process. The problem is that they are rarely explained clearly and proactively.

Here is a consolidated summary of the rights the law actually gives you.

The Right to Request an Assessment

Any parent can request an EHC needs assessment from the local authority at any time. You do not need the school's agreement. You do not need a diagnosis. You do not need to have completed a minimum number of APDR cycles. You do not need to have tried every possible intervention first.

The legal test under Section 36(8) of the Children and Families Act 2014 is whether the child may have SEN and it may be necessary to issue an EHCP. That is deliberately low. Any parent who believes their child might benefit from an EHCP has grounds to make a request.

The LA must decide within six weeks whether to carry out an assessment. If it refuses, you can appeal to the SEND Tribunal.

The Right to Participate Meaningfully in the Process

Section 19 of the CFA 2014 imposes a general duty on local authorities to have regard to the views, wishes, and feelings of parents throughout all decision-making about their child's SEND. This is not a soft aspiration. An LA that processes decisions without genuinely consulting you is in breach of this statutory duty.

In practice, this means:

• Your written parental evidence must be sought and considered during the needs assessment
• You must be given the opportunity to contribute to and review the draft EHCP
• Your views on provision and placement must be recorded and considered, even if not ultimately followed
• You must be invited to and given meaningful opportunity to contribute at Annual Review meetings

The Right to Review the Draft EHCP

When the LA issues a draft EHCP, you must be given a minimum of 15 days to review it and request amendments. This includes requesting changes to Section B (needs), Section F (provision), and Section E (outcomes). Section I (placement) must be left blank at the draft stage, and you must be given the opportunity to name your preferred school.

You can submit written amendment requests to the LA during this window. If the LA declines to make amendments you believe are legally required — for example, vague Section F wording that doesn't meet the specificity standard in paragraph 9.69 of the SEND Code of Practice — you can appeal to the SEND Tribunal once the final plan is issued.

The Right to Name a Preferred School

Under Sections 38–39 of the CFA 2014, you have the right to request a specific maintained school, academy, or approved independent special school (Section 41 school) to be named in Section I. The LA must name your preferred school unless one of three statutory exceptions applies:

1. The school is unsuitable for the child's age, ability, aptitude, or SEN
2. The placement would be incompatible with the efficient education of other children
3. The placement would involve unreasonable public expenditure

These are the only lawful grounds for refusal. If the LA refuses for any other reason, that refusal can be challenged.

The Right to Appeal

Parents have appeal rights at multiple points in the EHCP process, exercisable at the SEND Tribunal. You can appeal:

• A refusal to conduct an EHC needs assessment
• A decision not to issue an EHCP following assessment
• The contents of the EHCP — specifically Sections B, F, and I
• A decision to cease an existing EHCP

You must seek mediation before registering an appeal (or decline mediation and obtain a certificate confirming you considered it). Appeals must be registered within two months of the LA's decision notice.

The Right to Annual Reviews

Once an EHCP is in place, the local authority must review it at least annually. You have the right to request a review outside of the annual cycle if circumstances change significantly. The LA must respond to a review request, though they retain some discretion over timing outside of statutory annual reviews.

Following any Annual Review, the LA must notify you of its decision — to maintain, amend, or cease the plan — within four weeks of the review meeting. If amending, the draft amended plan must be issued, and the final plan completed within the statutory timescales.

The Right to Enforce Section F

Section F provision is backed by an absolute duty under Section 42 of the CFA 2014. The local authority, not the school, is legally responsible for ensuring Section F provision is delivered. Budget pressures, staff shortages, waiting lists — none are legally valid reasons for non-delivery.

If provision is not being delivered, your primary legal complaint is against the local authority, not the school. You can:

• Formally complain to the LA's complaints process
• Escalate to the Local Government and Social Care Ombudsman
• In serious cases, seek judicial review in the High Court

The Right to Know What Support Is Being Provided

Schools must notify parents when their child is placed on SEN Support. Parents are entitled to see their child's provision map — the record of what interventions are being delivered, when, by whom, and with what outcome. This is not explicitly stated in a single statute, but it flows from the duty of transparency and the requirement for parental involvement in the APDR cycle.

If a school refuses to share a provision map, escalate to the headteacher and then to the LA.

The England EHCP & SEN Blueprint turns these rights into practical tools — letter templates, checklists, and meeting scripts that help you exercise them effectively at every stage.

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