EHC Plan Assessments: Your Rights and How to Get the Support Your Child Needs (UK)

Every year, thousands of UK families ask for an Education, Health and Care (EHC) needs assessment for their child — and every year, many are refused or receive a plan that doesn't reflect their child's genuine needs.

You have more rights in this process than you may realise.

What an EHC Plan Is

An Education, Health and Care Plan is a legally binding document that describes a child's special educational needs and the support they require to meet them. It covers education, health, and care needs in an integrated way. Children with EHC Plans have a legal right to the support specified in the plan.

In England, EHC Plans have replaced Statements of Special Educational Needs (SEN Statements). They apply to children and young people from birth to age 25.

How to Request an Assessment

Any parent can request an EHC needs assessment in writing to their local authority (LA). The LA must respond within 6 weeks saying whether they will carry out the assessment or not.

Write to the SEN department of your local authority. Your letter should include:

• Your child's name, date of birth, and school
• A description of your child's needs and how they affect daily life and learning
• What support is currently in place and why it's insufficient
• Any reports, assessments, or professional opinions you have
• A clear request for an EHC needs assessment

Keep a copy. Send it recorded delivery or with a read receipt if by email. The 6-week clock starts from when they receive it.

If the Assessment Is Refused

If the LA refuses to carry out an assessment, you can appeal to the SEND Tribunal. This is your right, and it's more accessible than the name suggests. IPSEA (Independent Provider of Special Education Advice) provides free, specialist advice and support for this process.

Before going to tribunal, request a meeting with the LA's SEN team and ask specifically what evidence they would need to see to carry out an assessment. Sometimes additional evidence — another professional report, more detailed documentation — changes the decision without needing to appeal.

If the Assessment Happens But the Plan Is Insufficient

The EHC plan names specific provision — specific therapy hours, specific resources, specific support. If the named provision is insufficient for your child's needs, you can appeal Section F (the educational provision) of the plan to the SEND Tribunal.

Common insufficiencies: therapy hours are lower than the therapist recommended; the plan is vague rather than specific (unlawful — provision must be specific and quantified); the school named is not appropriate.

The 20 Weeks

From the date you request the assessment to the issuing of the final EHC Plan, the LA has 20 weeks. They frequently exceed this. Chase at each stage. Document every contact.

Useful Resources

IPSEA — free legal advice on SEN law (ipsea.org.uk). SOS!SEN — helpline for parents navigating EHC processes. Contact — charity for families with disabled children, excellent EHC guide on their website.

You don't have to navigate this alone. Legal processes sound intimidating. They're designed to be accessible, and the organisations above have made them more so.