The right to request an assessment

Any parent can request an EHC needs assessment at any time. You don't need the school's permission, you don't need a diagnosis, and you don't need to wait. The LA must consider your request and respond within 6 weeks. If they refuse, they must explain why in writing and tell you about your right to appeal.

The right to be involved

Throughout the EHCP process, you have the right to be fully involved. Your views must be sought and considered at every stage. You have the right to attend meetings, contribute evidence, and be consulted on the draft plan. Your child's wishes and feelings must also be taken into account - this isn't optional, it's the law.

The right to choose a school

When the EHCP is being finalised, you have the right to express a preference for your child's school placement. The LA must comply unless one of three narrow exceptions applies. You can choose any maintained school, academy, free school, non-maintained special school, or independent school - and the LA must consider it.

The right to appeal

You can appeal to the SEND Tribunal if: the LA refuses to assess, refuses to issue a plan, you disagree with the contents of the plan, you disagree with the school named, or the LA decides to cease the plan. The Tribunal is free, and over 90% of parents win. You don't need a lawyer - but you do need good evidence and clear arguments.

The right to complain

Beyond the Tribunal, you can: complain through the LA's formal complaints process, contact the Local Government and Social Care Ombudsman, request a judicial review of procedural failures, and contact your MP. You can also request mediation (though you're not obliged to actually mediate). You have more power than you think - and EHCP Expert helps you use it.