Know Your Rights
Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.
request assessment
You have formally requested an EHC needs assessment. The LA must consider your request and decide within 6 weeks whether to carry out the assessment.
Right to request assessment directly
Parents can request an EHC needs assessment directly - you do not need the school's permission or agreement.
Send your request in writing directly to the LA SEN team.
LA must respond within 6 weeks
The LA must notify the parent of its decision whether to carry out an assessment within 6 weeks of receiving the request.
Note the date you sent the request. The LA has 6 weeks from receipt.
Low legal threshold for assessment
The LA must assess if it considers the child MAY have SEN and it MAY be necessary to make special educational provision via an EHC plan. This is a deliberately low threshold.
In your request, explain why your child may have SEN and may need an EHC plan.
Cross-cutting rights
Some rights apply across the whole EHCP journey, not just at one stage.
- Recording calls with the LA or school — your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.
Key Legislation
Children and Families Act 2014
The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.
Read on legislation.gov.uk →SEND Code of Practice 2015
Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.
Read on gov.uk →