EHCP Pre-Assessment Checklist

Requests for an education, health and care needs assessment are refused far more often than parents expect, and the quality of the evidence submitted at the start is the biggest factor in whether that happens. A request supported by professional reports, school records and a clear account of what has already been tried is much harder to turn down than a letter describing a child's difficulties. Refusals can be appealed, but that adds months. Use this checklist to prepare before you request.

Build the evidence before you request

The legal test is whether the child may have special educational needs and may need provision to be made through a plan — a deliberately low threshold. Councils nonetheless refuse many requests, often on the basis that the school should do more first. The way to answer that in advance is to show what has already been tried through SEN support, over what period, and what happened. Ask the school for its records of interventions, the graduated approach cycles, and any external professionals already involved.

  • From school: SEN support plans, provision maps, attainment and progress data, attendance records, and behaviour or pastoral logs.
  • From professionals: reports from speech and language therapy, occupational therapy, educational psychology, paediatrics or CAMHS — whatever is already in place.
  • From you: a written account of what a typical school day and evening look like, including the impact at home, which schools rarely see.

Parents can request an assessment directly. You do not need the school to agree, though a supportive school helps. Once a valid request is made, the council works to statutory timescales and must tell you its decision within a set period.

If the request is refused, you have a right of appeal to the SEND Tribunal. A high proportion of appeals succeed, so a refusal is not the end.

School evidence

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Professional reports

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Parent evidence

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Application

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Next steps if refused

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Helpful organisations

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Frequently asked questions

What if the school says my child is not far enough behind?
You can request an assessment yourself regardless of what the school thinks, and the legal test is not about being a set number of years behind. Progress is only part of the picture — a child working at expected levels only because of substantial support may well need a plan. Put your request in writing to the council, explain why the current support is not sufficient, and attach whatever evidence you have. Ask the school for its records even if it does not support the request.
What happens if the council refuses to assess?
You have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability), and appeals against refusal to assess succeed in a large majority of cases. You must first consider mediation, which involves obtaining a certificate, though you do not have to attend. Deadlines run from the decision letter, so act promptly. Free support is available from your local SENDIASS service, and specialist charities publish template appeal documents.
How long should the process take?
The council must decide whether to assess within a set period of your request, and where it does assess, the whole process from request to final plan has a statutory maximum of twenty weeks. Delays are common but they are not lawful, and chasing in writing with reference to the statutory timescale is effective. Keep a record of every deadline and every response. Persistent delay can be taken to the council's complaints process and then the Ombudsman.
Can I name the school I want in the plan?
Yes. Once a draft plan is issued you have a right to express a preference for a particular school, and the council must name it unless it would be unsuitable for the child's needs, incompatible with the efficient education of others, or an inefficient use of resources. Visit schools before the draft arrives so your preference is informed. Disagreements about the school named, and about the provision described in the plan, can both be appealed to the tribunal.

Related guides

Education, Health and Care Plans (EHCPs)

An Education, Health and Care Plan (EHCP) is a legal document for children and young people aged 0–25 with significant special educational needs and disabilities (SEND). It describes the child's needs and the support that must be provided — and it is legally binding.

6 min

EHCP Refusals and Re-Assessment: Sections A-K and How to Challenge

Local authorities refuse around 25% of EHCP assessment requests at the first hurdle and around 20% after assessment. The Children and Families Act 2014 framework gives parents strong appeal rights — about 95% of SENDIST appeals are decided in the parents' favour. This guide explains each section of the EHC plan, the grounds councils use to refuse, and how to challenge effectively.

11 min

SEN Support in Mainstream Schools

Every child with special educational needs or a disability (SEND) in England is entitled to support in school. The law requires schools to make reasonable adjustments and to follow a graduated approach to identifying and meeting individual needs, with or without an Education, Health and Care Plan.

6 min

SEND Tribunal: Appealing EHC Plan Decisions

The First-tier Tribunal (Special Educational Needs and Disability), known as the SEND Tribunal, hears appeals against decisions made by Local Authorities about Education, Health and Care (EHC) plans. This guide explains what decisions can be appealed, the strict 2-month time limit, the appeal process, and your rights as a parent or young person.

8 min

Appealing a School Place Decision

Every family refused a school place has the right to appeal to an independent appeal panel. While the school may be full, a well-prepared appeal presenting strong grounds can succeed — particularly for infant class size cases, there are specific rules that narrow the grounds available.

6 min

Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.