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1. Why a strong letter matters
The letter you send to your local authority asking for an Education, Health and Care needs assessment is the single most important document in your child's SEND journey. It is the moment a tired, informal SEN Support arrangement turns into a statutory legal process — one that, if it leads to a plan, gives your child enforceable rights to the support set out in Section F of an EHCP.
The legal basis is Section 36 of the Children and Families Act 2014. It tells the local authority that it must carry out an assessment where the child has or may have special educational needs, and where it may be necessary for provision to be made through a plan. The threshold is deliberately low. The SEND Code of Practice (2015) at paragraph 9.14 makes clear that an assessment should not be refused just because a child is making some progress, or because the school is still trying things at SEN Support.
A well-written letter does three things at once: it puts your request firmly in the legal framework, it documents the evidence so it cannot be ignored, and it sets a clock running — the council has six weeks to reply. Get this letter right and you save yourself months of chasing later on.
If you want the bigger picture first, our EHCP statistics and trends page shows how often parents win at every stage. The short version: councils refuse a lot of requests they should not refuse, and tribunals almost always side with parents.
2. Before you write
Take an evening to gather what you already have. You do not need a complete file — the LA must gather more evidence during the assessment itself — but the stronger your initial bundle, the harder it is for the council to refuse.
- School paperwork: SEN Support plans, IEPs, recent reports, attendance record, any behaviour log.
- NHS letters: paediatrician, speech and language therapy, occupational therapy, CAMHS, audiology.
- Diagnostic letters — or, if you are waiting, proof of the referral and the expected wait time.
- Your own observations — a short diary of the week, with examples. Concrete and dated beats general and vague.
Check your local authority's website for a request form — many councils have one. You do not have to use it (a letter is legally equivalent), but if a form exists, attach your letter to it so your evidence and reasoning are not squeezed into small boxes.
3. The letter template
Copy the block below, paste into your email or word processor, and replace anything in square brackets. The Word and PDF versions above contain the same template with extra prompts.
[Your full name]
[Your address]
[Postcode]
[Email] [Phone]
[Date]
SEND Team / Statutory Assessment Team
[Local Authority name]
[LA address]
Sent by email to: [SEND team inbox]
Dear SEND Team,
Re: Request for an Education, Health and Care needs assessment for
[Child's full name], date of birth [DOB], currently on roll at
[School name], Year [X].
I am the parent/carer of [Child's name]. I am writing to formally
request that [Local Authority] carries out an Education, Health and
Care needs assessment for my child under Section 36 of the
Children and Families Act 2014.
1. The legal test
Section 36(8) of the Children and Families Act 2014 requires the
local authority to carry out an EHC needs assessment where it is of
the opinion that:
(a) the child has or may have special educational needs, and
(b) it may be necessary for special educational provision to be
made for the child in accordance with an EHC plan.
The threshold is deliberately low. The SEND Code of Practice (2015),
paragraph 9.14, confirms that the LA should not refuse an
assessment simply because the child is making some progress under
SEN Support.
2. My child's special educational needs
[Describe in plain, concrete terms. Cover communication, learning,
social/emotional, sensory, physical and behaviour. Use examples
rather than labels. Include any diagnoses and who made them; if a
diagnosis is pending, say so and give the referral date.]
3. Why current provision is not meeting [Child's] needs
[Describe what the school is doing now at SEN Support — interventions,
adjustments, TA time — and explain why it is not enough. Include
attendance, progress data, behaviour incidents, time out of class,
and distress at home. Quote the SENCO or class teacher where you
can.]
4. The impact on [Child]
[Describe the effect on learning, wellbeing, friendships and family
life. Be honest about anxiety, school refusal, regression or any
safeguarding concerns.]
5. Formal request
For the reasons above, I formally request that [Local Authority]
carries out a statutory EHC needs assessment for [Child] under
Section 36 of the Children and Families Act 2014. I understand that
under the SEND Regulations 2014 you must notify me of your decision
within six weeks of receiving this request.
6. Evidence enclosed
- [School reports / SEN Support plan / IEP]
- [Educational Psychologist report, if any]
- [NHS reports — paediatrician, SALT, OT, CAMHS]
- [Diagnostic letters]
- [Attendance record]
- [Examples of work, photos, videos if relevant]
- [Letter of support from school, if available]
Please confirm receipt of this letter in writing and the date by
which I should expect your decision. If you need to communicate
with me in any particular way, please let me know.
Yours faithfully,
[Your full name]
Parent/carer of [Child's name]
4. Customisation tips by need
The template is deliberately generic. The strongest requests are the ones that show a panel reading dozens of letters why this child needs more. Adapt the "needs" and "impact" sections in your own voice.
- Autism: focus on social communication, demand-avoidance, sensory profile, and the impact on attendance and home life. Council panels often underestimate masking — say explicitly that your child may present as fine at school and fall apart at home.
- Dyslexia and specific learning difficulties: attach reading-age and spelling-age scores, not just teacher comments. Highlight the gap between cognitive ability and attainment.
- ADHD: describe the impact on learning second-by-second (organisation, working memory, transitions), not just "cannot sit still". Note any medication and what it does and does not address.
- Physical disabilities and medical needs: include a clear paragraph on access — toileting, fatigue, lifts, evacuation plans — and any specialist equipment the school does not currently provide.
- Social, emotional and mental health (SEMH): describe behaviour as communication. Suspensions, school refusal, suicidal ideation and self-harm are all relevant — say so plainly. Safeguarding language strengthens, not weakens, the case.
If your child is out of school or home-educated: you still have the same right to request an assessment. Describe why mainstream provision broke down, any anxiety-based school avoidance (EBSA), and what a successful return to learning would need to look like. The LA cannot refuse on the grounds that the child is not currently on a school roll.
If your child is under 5 (early years): attach health visitor notes, nursery observations, and any Portage or early intervention records. The legal test is identical. Getting an EHCP in place before reception transition is one of the most valuable things you can do.
If your young person is post-16: they have the right to request the assessment themselves, though you can write on their behalf with their consent. EHCPs can remain in place until age 25 where the young person is in education or training. Reference their college course or apprenticeship plans explicitly.
Whatever the need, ground every claim in evidence. The phrase "as set out in [report] at [page]" is your friend.
5. What happens next
From the day the local authority receives your letter, the clock starts. They have six weeks to tell you whether they will assess. If they say yes, the full assessment must be completed and a final plan issued (or a refusal to issue a plan) by week 20.
If the LA refuses to assess, do not be discouraged. You have the right to appeal to the First-tier Tribunal (SEND). Most published data puts the parent success rate on refusal-to-assess appeals at over 95%. You must register the appeal within two months of the refusal, or one month after mediation, whichever is later.
Before a tribunal, you must contact a mediation adviser — this is a short phone call, not full mediation, and you do not have to go ahead with mediation itself. Once you have the mediation certificate, you can register the appeal online. For a full walkthrough of the tribunal process, see our SEND Tribunal guide.
If the LA agrees to assess, you will hear from a case officer who coordinates reports from the school, an Educational Psychologist, and relevant health and care professionals. The full plan (or a decision not to issue one) must be finalised by week 20. Keep every email and every report in a single folder — it makes the rest of the process much easier.
For the full timeline and the legal deadlines at each stage, see our common questions page on the legal timeframe. For the wider set of guides — annual reviews, tribunal preparation, understanding your final plan — visit all our EHCP guides.
6. Frequently asked questions
›Do I need a diagnosis before I request an EHC needs assessment?
No. The legal test in Section 36 of the Children and Families Act 2014 is about whether your child has or may have special educational needs and whether it may be necessary for provision to be made through an EHCP. A formal diagnosis is helpful evidence but it is not a legal requirement, and the local authority cannot lawfully refuse an assessment simply because you do not yet have one.
›Can the school refuse to support my request?
The school cannot stop you. Parents have an independent legal right to ask the local authority directly under Section 36 of the Children and Families Act 2014. If the school is unsupportive, simply send your letter to the local authority's SEND team yourself. A supportive school is helpful but not required — many successful requests are made by parents alone.
›Should I use the council's form or write my own letter?
If your council has a form, use it — but attach your letter to it as well. Council forms often have small boxes that do not give you space to set out the evidence properly. A covering letter that quotes Section 36 and lists your attached evidence is legally equivalent and almost always stronger.
›What if I cannot afford private reports?
You do not need any private reports. The local authority has a duty to gather evidence as part of the assessment itself, including from an Educational Psychologist and any relevant NHS professionals. Use whatever NHS letters, school reports, and your own observations you already have. Private reports can strengthen an appeal later, but they are not needed to make the initial request.
›Can I request an EHCP if my child is already getting SEN Support?
Yes. In fact, this is the most common starting point. The SEND Code of Practice (2015) at paragraph 9.14 is clear that the LA should not refuse an assessment simply because a child is making some progress on SEN Support. If SEN Support is not enough — or only working because of extraordinary effort by you or the school — that is exactly when an EHCP should be considered.
›How many pieces of evidence do I need?
There is no minimum. Even a single recent school report plus your own letter is enough to trigger the six-week decision. Quality matters more than quantity: one detailed paediatrician letter is worth more than ten generic teacher comments. Attach what you have and let the LA gather the rest.
›What if my child is in a private school?
You still have the right to request an EHC needs assessment from your local authority — the duty applies to all children in the area, not just those in state schools. The plan can name a state placement, a private placement, or specify provision delivered at home. The process and timescales are exactly the same.
›How long does the local authority have to respond?
The local authority must tell you whether it will carry out the assessment within six weeks of receiving your request. This is set out in the SEND Regulations 2014. If they miss this deadline, that itself is grounds for complaint and can support an appeal to the SEND Tribunal.
›What happens if the local authority refuses to assess?
You have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), known as the SEND Tribunal. The vast majority of parents who appeal refusal-to-assess decisions win — most recent published figures put the parent success rate at over 95%. You must register the appeal within two months of the refusal letter or one month after mediation, whichever is later.
›Can I get help writing the letter?
Yes. Free, independent support is available through your local IAS (Information, Advice and Support) Service, SENDIASS, IPSEA, SOSSEN, and Contact. EHCP Compass also offers free templates, guidance and AI-assisted drafting tools once you create a free account.
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