When SEN Support Isn't Enough - Moving to an EHCP

SEN support is a good start, but some children need the legal protections of an EHCP.

What is SEN support?

SEN support is school-level support that schools are required to provide (funded from their own budget) for children who have special educational needs but don't have an EHCP. A school identifies a child as having SEN, creates a SEN support plan (sometimes called an IEP or Individual Education Plan) which sets out the child's needs and the support that will be provided, and reviews progress regularly. The support is coordinated by the school's SENCO (Special Educational Needs Coordinator). For many children, this is enough.

When SEN support is not enough

SEN support is only appropriate if the school can meet the child's needs from its own resources. But schools have limited budgets and limited expertise. You should consider requesting an EHCP if: the child is not making progress despite targeted SEN support; the school has exhausted its available strategies and support; the child needs specialist provision the school cannot provide; the gap between the child's ability and attainment is widening; the child is experiencing significant anxiety, distress, or behaviour difficulties despite support; or the child needs therapies (SALT, OT, physiotherapy) that the school cannot arrange. These are all indicators that an EHCP may be needed.

The difference an EHCP makes

An EHCP is different from SEN support in several crucial ways: it is legally binding (the local authority must deliver the provision specified, not just the school); it can include provision from health and social care (not just education); it guarantees certain rights (annual review, right to express school preference, right to appeal); and it provides much stronger legal protection. With an EHCP, if the provision isn't delivered, you can challenge it through the SEND Tribunal or judicial review. With SEN support, your only option is to complain to the school or the local authority - it's not legally enforceable in the same way.

How to request an EHCP

You don't need the school's permission. Write to Bristol Council's SEND assessment team and request an EHC needs assessment. Include: evidence that the child has special educational needs (school reports, professional assessments), examples of the support the school has provided and why it hasn't been sufficient, any professional reports (EP, SALT, OT, CAMHS, paediatrician), evidence of the impact on the child's learning and wellbeing, and a clear statement that you believe the child may need provision beyond what the school can ordinarily provide. Give Bristol Council 15 days to respond.

If they say no

Bristol Council may refuse to assess. If they do, don't give up. You have 2 months to appeal to the SEND Tribunal. Over 90% of parents who appeal a refusal to assess win their case. The Tribunal understands that the threshold is low - the test is "may have SEN" and "may need provision beyond what the school can ordinarily provide." If the school's SEN support isn't working and the child has clear evidence of need, the Tribunal will almost certainly agree with you.

Your child deserves better

Generate your EHCP assessment request letter for ${b}.

Generate My Letter Free →