Frequently Asked Questions

Any parent or carer can request an EHC needs assessment for their child under Section 36 of the Children and Families Act 2014. You do not need the school's permission, a formal diagnosis, or a professional referral. Young people over 16 can also request an assessment themselves.

Schools, nurseries, and health professionals can also request an assessment on your behalf, but you do not have to wait for them to act. If you believe your child may have special educational needs, you can write directly to your local authority today.

By law, the entire process from request to final plan must be completed within 20 weeks. The local authority has 6 weeks to decide whether to assess, then 16 weeks to gather evidence, draft the plan, and issue the final EHCP.

In practice, many councils exceed these timescales. If your council takes longer than 20 weeks without a valid reason, they are acting unlawfully. You can complain to the Local Government Ombudsman and may be entitled to a remedy.

If your local authority refuses to carry out an EHC needs assessment, you have the right to appeal to the SEND Tribunal under Section 36(8) of the Children and Families Act 2014. You have 2 months from the date of the refusal to register your appeal.

The SEND Tribunal is free, you do not need a solicitor, and over 90% of parents who appeal win their case. The law sets a low threshold - the council only needs to show that your child "may" have SEN and "may" need provision beyond what the school can ordinarily provide.

Section F is the most important part of any EHCP. It specifies the special educational provision that the local authority must provide for your child. This must be specific, detailed, and quantified - for example, "20 hours of 1:1 teaching assistant support per week" rather than "access to adult support as needed."

If Section F is vague, you can challenge it. The Tribunal frequently orders councils to rewrite Section F with specific, enforceable provision. EHCP Expert can help you identify whether your child's Section F is legally adequate.

No. The SEND Tribunal is specifically designed to be accessible to parents representing themselves (known as "litigants in person"). The panel will ask questions to understand your case, and the hearing is less formal than a court.

What matters is the strength of your evidence, not legal representation. Many parents who represent themselves win. EHCP Expert helps you prepare your case, organise your evidence, and generate the letters you need - at a fraction of the cost of a solicitor.

Yes. Under Sections 38 and 39 of the Children and Families Act 2014, you have the right to express a preference for any school - mainstream, academy, special school, or independent school. The local authority must comply unless the placement would be unsuitable for the child's age, ability, or aptitude, incompatible with the efficient education of other children, or an inefficient use of resources.

These are narrow exceptions and the burden is on the council to prove one applies. If they refuse your preference, you can appeal to the SEND Tribunal.

EHCP Expert is an AI-powered platform that helps parents navigate the EHCP process. It generates legally precise letters (assessment requests, complaints, appeals), provides a 24/7 SEND law chatbot, tracks your case deadlines, and offers over 1,500 free guides covering every local authority in England.

It costs a one-time payment of 69 GBP for permanent access. There is no subscription and no hidden fees. Free guides and the Action Pack PDF are available without payment.

No. EHCP Expert provides AI-generated information and letters based on UK SEND legislation, but this is not a substitute for formal legal advice. Every child's situation is different, and for complex cases we recommend consulting a SEND solicitor or contacting IPSEA (ipsea.org.uk) for free legal advice.

Our letters reference the Children and Families Act 2014, SEND Code of Practice 2015, and relevant case law, but you should review all generated documents before sending them.

Before registering a SEND Tribunal appeal, you must contact a mediation service. However, you can request a mediation certificate without actually taking part in mediation - this is perfectly legal and takes just a few days.

Mediation itself is voluntary. Some parents find it useful for resolving disputes quickly, but many choose to go straight to the Tribunal. Once you have your mediation certificate (whether or not you mediated), you can register your appeal within 2 months of the council's decision.

Yes. You do not need a diagnosis to request or receive an EHCP. The legal test is whether your child may have special educational needs and may need provision beyond what a mainstream school can ordinarily provide. The word "may" sets a deliberately low threshold.

Councils sometimes refuse assessments because a child hasn't been diagnosed, but this is not a lawful reason for refusal. If your child is struggling at school, that evidence alone can be enough to trigger an assessment.

A good EHCP should have specific, quantified provision in Section F (not vague phrases like "access to support" or "as appropriate"). It should name your child's difficulties clearly in Section B, set measurable outcomes in Section E, and name the right school in Section I.

If any section is vague, missing, or doesn't match your child's needs, you can challenge it. EHCP Expert's AI can analyse your plan and identify weaknesses that could be strengthened through amendment or appeal.

EHCP Expert's AI draws from the full text of the Children and Families Act 2014, the SEND Code of Practice 2015, and the Equality Act 2010. It also references over 50 landmark SEND Tribunal rulings that have shaped how local authorities must act, including R (IPSEA) v Secretary of State for Education [2003], EH v Kent County Council [2011], and L v Waltham Forest [2017].

These cases established key principles - that councils cannot use blanket policies to refuse assessments, that provision in Section F must be specific and quantified, and that parental evidence carries real weight at Tribunal. When the AI generates a letter, it cites the cases and sections of law most relevant to your situation.