EHCP Application Support: Starting the Process Properly

An EHCP application is formally known as a request for an Education, Health and Care Needs Assessment (EHCNA).

 

Under Section 36 of the Children and Families Act 2014, parents have the legal right to request an assessment directly from the local authority. You do not need the school’s permission.

 

The legal test is whether:

 

• Your child may have special educational needs, and

• It may be necessary for special educational provision to be made via an EHCP.

 

The wording “may” is important. The threshold is deliberately low. At this stage, you are not proving entitlement to a plan — you are establishing that a statutory assessment may be required.

 

Once submitted, the local authority has six weeks to decide whether to assess.

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We help you approach the application strategically.

 

That means:

Reviewing existing documentation.
Identifying gaps in evidence.
Structuring your written request clearly.
Ensuring language aligns with the statutory test.
Anticipating common refusal arguments.

 

We do not escalate unnecessarily. We do not create conflict for its own sake. We focus on clarity and positioning your child’s needs properly from the start.

 

Support is fixed-fee and stage-specific. You choose the level of involvement you want - from structured document review to full application drafting support.

 

We work with families across England and Wales.

Many refusals begin here.

 

Local authorities frequently respond with phrases such as:

• “Needs can be met at SEN Support.”

• “The school has not exhausted its resources.”

• “There is insufficient evidence.”

 

These responses often apply a higher threshold than the law requires.

 

Applications can also fail because:

• Evidence is too general.

• Difficulties are described emotionally rather than functionally.

• There is no clear link between need and provision.

• Reports are referenced but not attached.

• The legal test is not framed correctly.

 

A strong application is structured

A clear explanation of needs across educational, social and (where relevant) health domains.

 

Specific examples of how those needs impact learning, access to education and daily school life.

 

Supporting documentation such as:

• School reports

• Progress data

• Behaviour logs

• Professional assessments

• Medical letters

 

Clear articulation of why existing SEN Support is insufficient.

 

Where appropriate, reference to the legal threshold under Section 36.

The goal is not to overwhelm the authority. It is to present a coherent, legally grounded case for assessment.

We help you approach the application strategically.

 

That means:

Reviewing existing documentation.
Identifying gaps in evidence.
Structuring your written request clearly.
Ensuring language aligns with the statutory test.
Anticipating common refusal arguments.

 

We do not escalate unnecessarily. We do not create conflict for its own sake. We focus on clarity and positioning your child’s needs properly from the start.

 

Support is fixed-fee and stage-specific. You choose the level of involvement you want - from structured document review to full application drafting support.

 

We work with families across England and Wales.

If the local authority agrees to assess, the process moves into the professional advice stage. This leads to a potential draft EHCP.

 

If the authority refuses to assess, you have the right to appeal to the SEND Tribunal.

 

You can read more about the overall process in our
→ EHCP Guide