You can apply yourself
Many parents are told to "wait and see" or that the school must apply. That is not true. Under the Children and Families Act 2014, a parent can ask the local authority directly.
The legal test
The local authority must assess if your child *has or may have special educational needs and may need* special educational provision through an EHC plan. That is a low bar.
How to apply
- Write to your local authority's SEND team by email
- Say clearly you are requesting an EHC needs assessment under section 36 of the Children and Families Act 2014
- Describe your child's difficulties and the impact on learning
- Attach any reports, school records and your own notes
Timescales
The local authority must decide whether to assess within *6 weeks. The whole process, to a final plan, should take no more than 20 weeks*.
If they say no
You can appeal to the SEND Tribunal. Many refusals are overturned. Get in touch and we can help you think it through.
This is guidance, not legal advice.