11/12/2025
When my children first started having difficulties at school, I tried to get support for them. When they continued to struggle, I asked if the school would apply for EHCPs for them.
I was given many reasons over the next few years why their schools would not apply. These included:
- their needs were not significant enough because they weren't behind academically
- there were other children in the school whose needs were more urgent
- it wouldn't be granted because the school hadn't spent £6,000 on them
- it was too risky, because if the school applied unsuccessfully it would affect their track record with the local authority (LA) and make it less likely that their next application would succeed.
What nobody told me (in fact, one SENCo actively denied it) was that there is one legal test which determines whether a child is entitled to an EHC needs assessment, and neither of the two parts to that test is anything to do with any of the excuses listed above.
They also never told me that I could apply myself, and applying is easier than it sounds. Many LAs have specific forms to fill in, some use online portals or hubs, and some ask for evidence that various hoops have been jumped through before they will accept an application.
None of these local requirements is specified in the law. All the law requires is that you write a letter to the local authority demonstrating that both parts of the legal test have been met - and that's a very low bar.
Both my children's schools thanked me when I finally applied for their EHCPs myself. It reduced the administrative burden on overstretched SENCos, and my children's needs were becoming painfully obvious without the support they needed.
The process is still pretty painful, and since I've been doing EHCP draft reviews, I've come across some shockingly bad drafts, which are not worth the paper they're printed on. But it's usually possible to persuade the LA to improve the draft without going to tribunal once you remind them of the law.
My next EHCP workshop will be on 31 January 2026 in Downley Community Centre. If your child needs support, come along and let's get the ball rolling.
Booking link is in the comments.