How to request an EHC needs assessment, and the 20-week timeline

Who can ask for an EHC needs assessment?

You can, as a parent, by writing to your council. The law says a request "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). GOV.UK adds that anyone who thinks an assessment may be needed, such as a doctor, health visitor or teacher, can bring a child to the council's attention (GOV.UK).

An EHC needs assessment is the council's look at your child's education, health and care needs. The council writes an EHCP (education, health and care plan) after this assessment, which is why parents often call asking for one "applying for an EHCP".

You do not need:

• A diagnosis. The charity Scope says "You do not need a diagnosis or your school to support you, but both of these things can make it easier" (Scope). IPSEA, a SEND legal charity, says support should be based on the child's needs (IPSEA).
• The school's agreement. Your right to ask is your own.
• To wait for school age. In January 2026, 4,900 children with EHCPs were at an early years provider other than a school, and in 2025 councils agreed to assess 75.4% of requests made for 3 year olds (DfE).

Should the school make the request instead?

It can help if the nursery or school backs you, but you do not have to wait for it. In 2025, 29.3% of requests came from parents or young people and 55.8% from schools or settings. Councils agreed to assess 75.8% of school requests but only 44.0% of requests from parents or young people (DfE, Education, health and care plans 2026). The figures do not say why. They are a good reason to send strong evidence, and to ask the nursery or school to support your request and send its own records.

What is the legal test?

The council must carry out an assessment if your child has or may have special educational needs, and it may be necessary for special educational provision to be made through an EHCP (Children and Families Act 2014, s.36(8)). Both parts say "may". At this stage, the question is whether your child may need a plan, not whether they definitely do.

When deciding, the council should consider evidence that your child has not made expected progress despite "relevant and purposeful action" by the nursery or school, and look at a wide range of evidence, such as progress and developmental milestones (SEND Code of Practice, para 9.14). That is guidance on what to consider; the legal test is the one above. If the council is considering an assessment, it must tell you, and you can give your views, in writing or by speaking to them, and send evidence (s.36(7)).

These rules still apply. The 2026 SEND reform proposals have not changed the law, and the charity Contact says "For now, existing SEND law remains unchanged" (Contact). See SEND reforms 2026.

How do I write the request?

Keep it short, clear and factual. IPSEA publishes free template letters, including one for requesting an EHC needs assessment (IPSEA).

1. Find your council's SEN team. Your council's Local Offer website usually gives the address.
2. Say exactly what you want. For example: "I am requesting an education, health and care needs assessment for my son, [name], date of birth [date], under section 36 of the Children and Families Act 2014."
3. Explain the legal test. Say why your child has or may have special educational needs, and why they may need support through an EHCP.
4. Give everyday examples. Communication, understanding, play and friendships, sensory needs, distress, toileting, eating, sleep and safety. Say what help your child needs, not only what they get.
5. Say what has been tried. List the SEN support your child has had and what difference it made.
6. Attach your evidence (see the table below).
7. Send it by email or recorded post and keep proof of the date. The 6-week and 20-week deadlines run from when the council receives it (SEND Regulations 2014, reg 5; reg 13).
8. Tell the nursery or school that you have applied, and ask the SENCO to send their records to the council.

Send what you already have. Do not delay your request to wait for reports.

What happens next? The 20-week timeline

The law sets deadlines from the day the council receives your request. GOV.UK says the council may ask for "any reports from your child's school, nursery or childminder", "doctors' assessments" and "a letter from you about your child's needs" (GOV.UK).

There are a few exceptions, such as school closures of 4 weeks or more, or exceptional personal circumstances (reg 5; reg 10; reg 13).

In practice, many plans are late. In 2025, 87.4% of decisions on whether to assess were made within 6 weeks, but only 46.1% of new plans were issued within 20 weeks, excluding exceptions. The average was 24.0 weeks, and 10.3% took more than a year. Once an assessment was done, 93.6% led to a plan (DfE).

How do I check the draft plan and name a school?

Use your 15 days. Reading a draft plan can be hard, because it sets out your child's needs in plain terms, so share it with someone you trust.

• Check that section B describes all of your child's needs, including ones that only show at home.
• Check that section F says clearly what support your child will get, for example what kind, how often and from whom.
• Ask for a meeting if you want one.
• Name the school or nursery you want in your reply (reg 13).

You can ask for a maintained nursery school, a maintained school, an academy or free school (mainstream or special), a non-maintained special school and some other settings. The council must name it unless it is unsuitable for your child's age, ability, aptitude or special educational needs, or your child being there would be incompatible with the efficient education of others or the efficient use of resources (SEND Code of Practice, paras 9.78 to 9.79). You can also ask for a personal budget for parts of the plan (Children and Families Act 2014, s.49).

What if the council says no?

You can challenge it. The SEND Tribunal hears appeals about refusals to assess, refusals to issue a plan and the contents of a plan (GOV.UK).

1. Read the decision letter. It must explain your right to appeal, the time limits, mediation and where to get advice (reg 5).
2. Contact the mediation adviser named in the letter. You need a mediation certificate before you can register most appeals. Mediation itself is voluntary: if you say you do not want it, the adviser issues the certificate within 3 working days (SEND Code of Practice, para 11.23).
3. Choose mediation, an appeal or both. The council pays reasonable travel and other expenses for mediation (para 11.22).
4. Appeal in time. The deadline is 2 months from the date the council sent its decision or 1 month from the mediation certificate, whichever is later (para 11.23). If your appeal is only about the school named in the plan, you do not need a certificate (para 11.24).
5. Keep SEN support going and keep collecting evidence while you wait.

In 2024/25, 25,000 SEN appeals were registered, 18% more than the year before, and 24% were against a refusal to assess (Ministry of Justice). Of the 20,000 appeals that ended that year, 71% were decided by the tribunal. Of those decided, 99% were "in favour of the appellant", which the Ministry of Justice defines as cases where the appellant, the parent or young person appealing, "wins the majority of the appeal". This does not cover appeals that ended without a tribunal decision.

Where can I get free help?

• Your local SENDIASS, the free SEND information, advice and support service. Find yours through the Council for Disabled Children.
• IPSEA, for free, independent legal advice. Book its Advice Line (or its Tribunal Helpline if you are appealing), or use the call-in helpline on Tuesdays and Wednesdays (IPSEA).
• SOS!SEN, a free term-time national helpline staffed by volunteers. Opening hours change from week to week (SOS!SEN).
• Contact, freephone 0808 808 3555, for parents of disabled children anywhere in the UK (Contact).