EHCP Guide: What Really Happens (And How To Win)
This isn't another bureaucratic guide. This is what councils don't tell you, what actually works, and how to get your child the support they deserve.
Already been refused? Jump to "When Refused" →
Need to appeal? Jump to "Appeal Process" →
Child out of school? See Section 19 duty →
Need letter templates? Jump to Scripts →
This provides information based on the Children and Families Act 2014 and SEND Code of Practice. It is NOT legal advice. For specific legal guidance, consult a qualified education law solicitor.
The truth first (before you start)
The EHCP system is deliberately complex and adversarial. Councils have teams of professionals and decades of experience in refusing applications. You're doing this while exhausted, while caring, while fighting for your child. The fact that you're here, reading this, gathering evidence — that's not weakness. That's strength. You're doing what needs to be done.
Most councils refuse first-time EHCP applications. This isn't because your child doesn't need it. It's because refusal is cheaper than provision. Around 95 to 98 percent of families who appeal refusals WIN (depending on year and category). This figure comes from SEND Tribunal statistics published annually by the Ministry of Justice. The system is designed to wear you down. Don't let it.
What you need to know before you begin:
Legal timeline: 20 weeks. Reality: BBC reporting in May 2024 highlighted that eight councils issued plans within 20 weeks in fewer than 5% of cases. Expect delays. Chase at 6 weeks, 16 weeks, and 20 weeks in writing.
"Need diagnosis first", "School must refer", "Need Ed Psych report" — ALL FALSE. You can apply directly. No diagnosis needed. No professional report needed to request an assessment.
Legal test: needs can't be met through SEN Support alone. If school support isn't working after multiple attempts, that's your evidence.
Vague language ("access to", "opportunities for"), no quantification, missing provision. You have 15 days to challenge it. Use them.
EHCPs are legal documents. Once issued, councils MUST provide what's in it. That's why they fight so hard not to issue them. Your job: document everything, stay calm, be relentless, appeal when needed.
If your LA does any of these, they are breaking the law:
- Refusing assessment because there's no diagnosis
- Insisting school must apply (you can apply directly)
- Requiring Ed Psych or professional reports before assessing
- Missing statutory deadlines without written notice and explanation
- Offering "informal monitoring" instead of statutory assessment
- Refusing to assess because "needs aren't severe enough" (legal test is whether SEN Support is sufficient, not severity)
If your child is not in full-time education, the LA has a duty under Section 19 of the Education Act 1996 to provide "suitable education" for children who cannot attend school due to illness, exclusion, or other reasons. This includes mental health. A reduced timetable or "informal arrangement" does NOT fulfil this duty. The LA must provide alternative full-time provision while the EHCP assessment is ongoing. Read our school complaints & legal duties guide →
How to apply (step by step)
Decide if you need an EHCP
You need an EHCP if:
- School SEN Support has been tried multiple times and isn't working
- Needs are significant and affect education, health, or social development
- You need legal protection to ensure support is delivered
Tell school you're applying
Email the SENCO: "We're requesting an EHC needs assessment. Please provide your recent observations, SEN Support records, and assessments within 7 days."
Gather evidence (see detailed list below)
You need evidence of:
- Needs across multiple settings (home, school, community)
- Impact on education, health, social development
- What's been tried that hasn't worked
- Frequency and severity
Find your local authority SEN team contact
Search: "[Your LA name] SEN assessment request" or "[Your LA name] EHCP application form"
Submit application
Either use LA form or send letter. Include:
- Child's details
- Your evidence
- Why SEN Support isn't enough
- What support you're requesting
LA decides: Assess or refuse (6 weeks)
If YES: Go to step 7. If NO or no response: Appeal process
Assessment period (up to 16 weeks)
LA gathers professional advice: Ed Psych, school, health, social care. Stay engaged. Respond quickly to requests.
LA decides: Issue EHCP or refuse (16 weeks)
If YES: You get draft EHCP. If NO: Appeal process
Review draft EHCP (15 days to respond)
CRITICAL STAGE. Check every section for:
- Vague language ("access to", "opportunities for" = RED FLAG)
- Missing quantification (how much? how often? by whom?)
- Provision that doesn't match needs
- Wrong school placement
Final EHCP issued (20 weeks total)
If you're happy: Done. If not happy with final plan: Appeal process
Evidence that wins (what to gather)
Strong evidence = documented needs across multiple settings, measurable impact, evidence that school support isn't working.
More evidence = harder to refuse. Aim for 10+ pieces minimum. Each need should have 3-5 examples with dates, frequency, impact.
Evidence checklist by category:
From you (parent)
- ✅ Parent statement (detailed, specific, dated examples)
- ✅ Incident log (dates, what happened, impact, recovery time)
- ✅ Communication log with school (emails, meeting notes)
- ✅ Photos/videos if relevant (meltdowns, self-harm, work avoidance)
- ✅ Impact statement (education, social, health, family life)
From school
- ✅ SEN Support records (what's been tried)
- ✅ Attendance records
- ✅ Behaviour logs/incident reports
- ✅ Work samples showing difficulty
- ✅ Teacher observations
- ✅ Academic assessments/reports
Professional reports
- ✅ GP letters
- ✅ Paediatrician reports
- ✅ CAMHS assessments
- ✅ Private assessments (if you have them)
- ✅ OT/SALT reports
- ✅ Ed Psych assessment (if available)
That's fine. Parent/school evidence is enough to trigger assessment. LA must provide Ed Psych during assessment.
Impact evidence
- ✅ Educational: Behind peers, not meeting targets, work refusal
- ✅ Social: Isolation, bullying, no friendships
- ✅ Emotional: Anxiety, self-harm, school refusal
- ✅ Physical: Sleep disruption, eating issues, illness
- ✅ Family: Parent mental health, sibling impact, employment affected
❌ Weak: "Child struggles with reading"
✅ Strong: "Child is reading at age 6 level (tested Oct 2025), currently age 10. Despite daily 1-1 reading support for 18 months, progress is 6 months in 18 months. Refuses to read aloud, cries during reading lessons 3-4x per week."
Show patterns across time and settings. If it only happens at school = environmental issue. If it happens at home, school, community = developmental need.
When refused (what to do immediately)
Most LAs refuse first applications. It's cheaper to refuse than provide. Don't take it personally. Around 95 to 98 percent of parents who appeal refusals WIN (Ministry of Justice SEND Tribunal statistics, depending on year and category). The refusal letter is not the end — it's often just the beginning of getting what your child needs.
Read the refusal letter carefully (same day)
Note:
- Date on letter (starts your 2-month appeal clock)
- Their reasons for refusal
- Contact details for mediation service
Contact mediation service (within 2 months)
You MUST get mediation certificate to appeal (even if you don't want mediation). Call the number in refusal letter.
Sometimes useful if refusal is based on misunderstanding or missing evidence. But if refusal is "policy-based" (e.g. "we don't assess without diagnosis"), skip straight to appeal.
Get mediation certificate (within days)
Say "We've considered mediation and decline" OR do mediation if you think it'll help. Either way, you get certificate.
Submit appeal to SEND Tribunal
Deadline: 1 month from mediation certificate date OR 2 months from refusal letter date, whichever is later.
"Needs can be met through SEN Support"
Counter: Show SEN Support has been tried multiple times and hasn't worked. Include progress data, incident logs.
"Not severe enough"
Counter: Legal test isn't "severity" — it's whether SEN Support is enough. Show it isn't.
"Need diagnosis first"
Counter: False. Children and Families Act section 36(8) doesn't mention diagnosis as requirement.
"School hasn't tried enough"
Counter: Show what school HAS tried, and evidence it's not working.
"Wait until next review"
Counter: No. Needs are NOW. Waiting causes educational harm.
"Need Ed Psych report"
Counter: False. LA must provide Ed Psych during assessment if needed.
Appeal process (SEND Tribunal demystified)
Appeals are FREE. You don't need a lawyer (though you can get one). Around 95 to 98 percent of refusal-to-assess appeals succeed. Many refusal to assess appeals are decided without a hearing, but the tribunal can list a hearing if needed. Either way, it's evidence-led — just written evidence.
Tribunal panels are independent specialists who understand SEND law. They're not employed by your LA. They see through bullshit excuses. If your evidence shows needs that SEN Support can't meet, you'll win.
Appeal step-by-step:
Complete SEND35a form (refusal to assess)
Download from gov.uk or submit online. You need:
- Mediation certificate
- Copy of refusal letter
- Your evidence bundle
- Statement explaining why refusal is wrong
Tribunal acknowledges (25 working days)
They'll send you confirmation and tell you next steps.
LA responds (30 working days)
LA must submit their response to tribunal. You get a copy. Read it carefully and note any:
- Factual inaccuracies
- Misrepresentations of your evidence
- New arguments you need to counter
You can submit reply
Not required but recommended if LA response contains errors or new claims.
Tribunal decides
Panel reads everything and makes decision. Many refusal to assess appeals are decided without a hearing, but the tribunal can list a hearing if needed. Usually within 4-8 weeks of LA response.
Decision sent to you
If you win: LA must carry out assessment (and usually issues EHCP because they lost appeal).
If you lose: Rare, but you can request reasons and potentially re-apply with more evidence.
✅ Clear evidence of needs
✅ Evidence across multiple settings
✅ Impact on education/development
✅ Evidence that SEN Support has been tried and isn't enough
✅ Specific, dated examples (not vague statements)
- IPSEA - Free legal advice and tribunal support
- SENDIASS - Your local SEND Information Advice Support Service
- SOS!SEN - Free helpline and resources
Copy & paste scripts
Script 1: Application letter to LA
Dear [Director of Children's Services / SEN Team],
I am writing to request an Education, Health and Care needs assessment for my child [Name, Date of Birth, School].
My child has significant special educational needs that cannot be met through SEN Support alone. Despite receiving SEN Support, my child is not making expected progress.
Key needs and impact:
• [Need 1]: [Specific examples with dates and frequency]
• [Need 2]: [Specific examples with dates and frequency]
• [Need 3]: [Specific examples with dates and frequency]
What has been tried (and not worked):
• [Intervention 1]: Tried from [date] to [date]. Impact: [describe]
• [Intervention 2]: Tried from [date] to [date]. Impact: [describe]
I am attaching:
• Parent statement
• School SEN Support records
• [Other evidence you have]
Under Section 36(8) of the Children and Families Act 2014, I am requesting that you secure an EHC needs assessment.
Please confirm in writing within 6 weeks whether you will carry out the assessment.
Yours sincerely,
[Your name]
[Contact details]
[Date]
Script 2: Chase after 6 weeks (no response)
Dear [Name],
I am following up on my EHC needs assessment request sent on [date].
Under Section 36(9) of the Children and Families Act 2014, you must respond within 6 weeks.
It has now been [X] weeks and I have not received a response.
Please confirm within 48 hours whether you will carry out the assessment.
If I do not receive a response, I will submit a formal complaint and consider legal action.
Yours sincerely,
[Your name]
[Date]
Script 3: Challenging weak draft EHCP
Dear [Name],
Thank you for the draft EHCP dated [date]. I am responding within the 15-day consultation period.
I request the following amendments:
Section B (Needs):
CURRENT: [Quote vague statement]
REQUESTED: [Specific, measurable statement]
Section F (Provision):
CURRENT: "Access to TA support"
REQUESTED: "20 hours per week 1:1 TA support from specialist TA with ASD training, delivering [specific interventions], reviewed termly"
Section I (Placement):
REQUESTED: [Name of school and why this school can meet needs]
Rationale for amendments:
[Brief explanation with reference to evidence]
Please confirm these amendments will be made to the final EHCP.
Yours sincerely,
[Your name]
[Date]
Frequently asked questions
Do I need a diagnosis to apply for an EHCP?
No. The Children and Families Act 2014 does not require a diagnosis. You need evidence of needs and that SEN Support isn't working. The LA may tell you otherwise — they're wrong.
Can I apply without the school?
Yes. You can apply directly to the LA yourself. It's easier with school support, but you don't need their permission. Just document that you asked for their input.
What if the LA misses the 6-week deadline?
Chase them in writing immediately. State the date you applied and that they've breached the statutory deadline. If no response within 48 hours, submit a formal complaint to the Director of Children's Services and consider legal action.
What is Section F and why does it matter?
Section F lists the provision your child will receive (who, what, how often, by whom). This is legally binding. Vague language like "access to TA support" is useless. Demand specific, quantified provision: "20 hours per week 1:1 TA support from specialist TA with ASD training."
What if my child is on a reduced timetable?
The LA has a duty under Section 19 of the Education Act 1996 to provide full-time suitable education. A reduced timetable is NOT legal unless temporary with a clear reintegration plan. The LA must provide alternative provision. See our school complaints guide for details.