How Do I Apply For an EHCP?

Applying for an Education Health Care Plan (EHCP) can be a daunting process, however we have created this handy guide to help you break it down step-by-step. Before you read on, we also recommend reading our “What is an EHCP?” guide, to further understand what an EHCP is and how it might help your child.

This guide is aimed at parents or carers, however if you are a student and would like to know more about applying for an EHCP then this should still be a handy way to find out more! We also have a range of resources written for students on primary and secondary school as well as College, Sixth form and Apprenticeships to check out.

Applying For An EHCP

To apply for an EHCP you, your child (if they are over 16) or your child’s school will send a letter to the Local Authority asking for an EHC Needs Assessment. This is called a “Request for Assessment” letter.

The school’s SENCO should be able to help you with the application if they are able to and, in some cases, submit the letter on your behalf. If they do submit the letter on your behalf, make sure to check in on the progress of the application as they will be the ones to receive any notifications.

The “Legal Test”

If a Local Authority is requested to carry out an EHC needs assessment, then it will consider two points; whether your child has Special Education Needs (SEN) and whether it is necessary that special education provision is made in accordance with an EHCP. This is called the “Legal Test” and is set out within the SEND code of practice.

It is therefore important that the letter you write covers the two points above and you include any evidence that might support these points. Most importantly, the letter and evidence should demonstrate your child’s needs “cannot reasonably” be met without additional specialist support not already being provided by school, college or the Local Authority.

To help you write the letter, we have put together a sample letter which you can use as a basis: EHCP – Sample letter (Request for EHCP assessment).docx

Independent Provider of Special Education Advice (IPSEA) also have some useful guides on what to include in the letter and how the Local Authority (LA) will make the decision.

What Happens Next?

Once an application has been made to your Local Authority the official ‘clock’ starts ticking. It is important to take note of the date on your application letter because the 20 weeks will start from this date. Keeping track allows you to monitor progress with your application which enables you to take note of the statutory time frames for lodging an appeal, should this be necessary.

If the school has made the application on your behalf, we advise that you stay in regular contact with them to make sure you:

Sign the application letter before submission; this will ensure your ‘right of appeal’.
Remain actively involved in the process.
Monitor progress.
Have access to those professionals involved.

What Are the Time Frames?

Below we have outlined the 20-week timeline, and at which stage you can appeal:

Week 1: Request for ‘EHC Needs Assessment’ is sent to Local Authority (LA). You cannot appeal at this stage.

Week 6: You will receive your outcome letter, informing you of the Local Authority’s decision as to whether they will agree to carry out a ‘Needs Assessment’. If the assessment is agreed, professional reports will be collected and these will be reviewed again by a Local Authority panel. If the LA decide not to assess, you can appeal this decision.

Week 16: The LA completes the Needs Assessment and decides whether to draft an EHCP. If the LA decide not to draft a plan, you can appeal the decision.

Week 16 to 20: The LA will send you a draft EHCP and you will have 15 calendar days to send back any comments. This is your opportunity to consult with your LA about the changes you wish to make. Even at this stage, your LA can choose not to finalise and issue an EHCP for your child.

Week 20: The Final EHCP issued and ready to use. If you are not happy with the content of the final EHCP, you can appeal the decision.

The LA Responds with A ‘Refusal to Assess’ Your Child’s Needs – What Happens Next?

If the decision is not to go ahead with an EHCP you have two possible options:

You can appeal this decision. For further information on this, please read our guide What is the appeals process for an EHCP?
You can explore alternative support available through you’re your child’s school/college and Local Authority. For more information on this, read our guide How Should Your Child Be Supported at School or College?

The LA Agrees to Assess Your Child’s Needs – What Happens Next?

At this stage, your LA has the responsibility to contact any professionals involved in supporting your child to request that they carry out assessments (if new assessments are required) and share their reports.

These reports should contain recommendations that can be included in the EHCP to help meet the needs of your child in the best possible way.

What Information or Assessment Reports May Be Requested?

A report from an Educational Psychologist (this report must be included in all EHCP applications)
The child or young person’s own thoughts, aspirations and wishes for the future (Section A). If you want to find out more about how to write Section A including examples, read our EHCP Section A guide.
Educational advice from professionals who have regular contact with the child or young person, for instance, their class teacher and/or the Special Educational Needs Coordinator (SENCO).
Reports from medical specialists, for example, Ophthalmologists, Orthoptists, Optometrists, Paediatricians.
Information on any involvement from Social Services, for instance access to direct payments and personal budgets.
Information on the child’s physical or sensory needs and abilities, for example, from a QTVI or Habilitation Officer.
Reports from health care professionals, e.g. Occupational Therapists, Speech and Language Therapists, Physiotherapists.
Any other professional considered important to the development of the child or young person, e.g. Braille Tutor, Assistive Technology Advisor, Specialist Employment Co-ordinator of the Vision Impaired
Parents can request that the LA seeks information from anyone, including independent professionals, who it is agreed may reasonably be able to provide information.

The EHCP is Going to Be Drafted – What Do You Need to Know?

The EHCP is split into sections A to K. These should appear as separate sections in your plan – they shouldn’t be “lumped together” or necessarily appear in alphabetical order. For further information on what an EHCP should cover, read our What is an Education Health Care Plan guide?

What to do when you receive your final EHCP

Once the final EHCP has been produced, your child is legally entitled to the provision outlined in it. The Local Authority must ensure the provision is in place on the date when the final EHCP is issued. Following this, every 12 months, you and your child will be asked to attend what is called an Annual Review meeting. For further information on the Annual review process, we recommend reading our guide What is an EHCP Annual Review?

If you disagree with the content of your child’s EHCP you may wish to consider mediation with your LA. This does not affect your statutory right to appeal. This can be a positive way of addressing issues which may avoid the need to go to tribunal. For further information on mediation services, we recommend reading our guide How Do I Raise A Concern About My Child’s EHCP?

Top tip! We strongly advise that you agree to finalise the plan, even if you are not happy with the content, because an appeal cannot be lodged where an EHCP is in draft form. For further information on appealing we recommend reading our guide What is the Tribunal appeals process for an EHCP?

What Next?

If you need further advice or guidance on the EHCP application and assessment process, then our Education Advice Service is here to help. If you want further guidance on this, please get in contact with us on educationadvice@pocklington.org.uk or phone 0203 757 8040.