How to apply for an EHCP: Evidence, timelines, and common pitfalls

Applying for an EHCP: Evidence, Timelines, and Common Pitfalls

Applying for an Education, Health and Care Plan (EHCP) can feel daunting, but understanding the process and common stumbling blocks can make a real difference. An EHCP is a legal document that sets out the support a child or young person with special educational needs and disabilities (SEND) requires. Here’s a practical guide to help you navigate the application process in England and Wales.

Step-by-Step Guide to Requesting an EHC Needs Assessment

The first step is to request an EHC needs assessment from your local authority (LA). You can do this as a parent, carer, or young person (if over 16). Schools and nurseries can also make requests, but you don’t need their permission to apply.

• Write a formal request to the LA’s SEND team, stating clearly that you are seeking an EHC needs assessment under the Children and Families Act 2014. Include your child’s details, school, and a brief summary of their needs.

• The LA must reply within six weeks, confirming whether they will carry out the assessment. If they refuse, you have the right to appeal.

What Evidence is Most Persuasive?

The strength of your application often depends on the evidence you provide. The most persuasive evidence includes:

• Recent professional reports: Educational psychologists, speech and language therapists, occupational therapists, and paediatricians can provide detailed assessments of your child’s needs.

• School records: Individual Education Plans (IEPs), progress reports, and records of interventions or support already tried.

• Parental input: Your own observations, diaries, and examples of challenges at home or in the community.

• The child’s own views: Drawings, quotes, or videos showing their perspective and aspirations.

If you feel the school’s evidence is lacking, you can submit your own supporting documents. The more specific and up-to-date the evidence, the stronger your case.

Framing Needs and Outcomes Using the SMART Framework

When describing your child’s needs and the support they require, use the SMART framework:

• Specific: Clearly state what the need is (e.g., “requires support to develop expressive language”).

• Measurable: Define how progress will be tracked (e.g., “will use 10 new words in context by the end of term”).

• Achievable: Set realistic goals based on your child’s starting point.

• Relevant: Focus on needs that impact learning, social development, or independence.

• Time-bound: Include a timeframe for achieving each outcome.

Vague or generic statements make it harder to hold the LA or school accountable. The more precise you are, the easier it is to monitor progress and secure the right support.

Common Reasons for Refusal—and How to Avoid Them

Local authorities often refuse assessments for reasons such as:

• “Not enough evidence of need.”

• “School hasn’t exhausted SEN support.”

• “Progress is in line with expectations.”

To avoid these pitfalls:

• Gather as much detailed evidence as possible, showing the impact of your child’s needs on their learning and wellbeing.

• Demonstrate that the school’s existing support is not enough, and that your child requires more help than is normally available.

• Highlight any lack of progress despite interventions.

If refused, you can appeal to the SEND Tribunal, but a strong initial application can save time and stress.

The Importance of Keeping a Paper Trail

Keep copies of all communications with the LA, school, and professionals. Log dates, times, and the content of phone calls or meetings. This record can be vital if you need to challenge delays, refusals, or inaccuracies later on.

Managing Communication with the Local Authority

Be proactive and assertive. Follow up on unanswered emails, request written confirmation of decisions, and ask for updates if deadlines are missed. If you feel you’re being ignored, escalate your concerns to a manager or use the LA’s complaints process.

What to Do if the Local Authority Delays or Fails to Respond

The law sets clear timescales: the LA must reply to your request within six weeks, and the whole assessment process should take no more than 20 weeks. If the LA delays or fails to respond:

• Remind them of their legal duties and the statutory timescales.

• Escalate to the LA’s complaints team if needed.

• If delays persist, you can contact the Local Government and Social Care Ombudsman.

Applying for an EHCP is rarely straightforward, but being organised, persistent, and well-informed can make all the difference. By gathering strong evidence, using the SMART framework, and keeping a clear record of your journey, you give your child the best chance of getting the support they need.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.