You have the right to request an assessment

Under Section 36 of the Children and Families Act 2014, any parent can ask their local authority to carry out an Education, Health and Care (EHC) needs assessment. Bolton Council must respond to your request within 6 weeks - that's the law, not a suggestion. If your child is struggling at school, falling behind their peers, or not getting the support they need, you don't have to wait for the school to act. You can request an assessment yourself, today.

What Bolton Council must do

When Bolton Council receives your request, they must consider whether your child may have special educational needs, and whether they may need provision beyond what a mainstream school can ordinarily provide. They cannot refuse simply because your child hasn't been diagnosed, or because the school hasn't tried everything yet. The threshold is "may have" SEN - not "definitely has." If they refuse, they must give you reasons in writing, and you have the right to appeal to the SEND Tribunal.

The 20-week timeline

Once Bolton agrees to assess, the entire EHC needs assessment process must be completed within 20 weeks. During this time, the council will gather advice from educational psychologists, health professionals, your child's school, and you as the parent. Your views are central to this process - the law requires that your child's wishes and feelings are taken into account too.

What to include in your request letter

Your request letter should be clear, factual, and reference the law. Include your child's name and date of birth, their school, a summary of their difficulties, any diagnoses or professional reports you have, what the school has tried so far and why it isn't enough, and a clear statement that you are requesting an EHC needs assessment under Section 36 of the Children and Families Act 2014. Set a 15-day deadline for their response - this shows you know your rights.

If they say no

If Bolton Council refuses to assess, don't give up. Over 90% of appeals to the SEND Tribunal are decided in the parent's favour. You have 2 months from the date of their decision to register an appeal. The Tribunal is free, you don't need a lawyer, and the process is designed to be accessible to parents. EHCP Expert can generate your appeal letter and help you prepare your case.