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Est. 2019

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EHCP Application Support

Starting the EHCP Process Properly

If you are considering applying for an Education, Health and Care Plan (EHCP), something is usually not working. Your child may be falling further behind despite support in school. Meetings may end with phrases like “let’s monitor it for now.” You may have been told that the school is already doing everything it can.

For many families, applying for an EHCP is the moment they decide they need clarity rather than reassurance.

This stage matters. When the request for an assessment is structured properly from the start, it creates a stronger foundation for everything that follows.

Our EHCP Application Support service helps parents prepare a clear, evidence based request for an Education Health and Care Needs Assessment so that the local authority understands the nature of the child’s needs and the reasons a statutory assessment may be required.

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When Families Request EHCP Application Support

Families often contact us when:

• their child is struggling in school despite SEN Support
• support in school has been inconsistent or unclear
• meetings repeatedly end with monitoring rather than action
• the school is reluctant to request an assessment
• parents want to ensure the request is properly structured from the start

 

An EHCP application is not about proving entitlement to a plan. At this stage the legal question is whether a statutory assessment may be necessary.

Presenting the request clearly and with appropriate evidence helps ensure the authority applies the correct legal threshold.

Understanding the EHCP Application Stage

An EHCP application is formally known as a request for an Education Health and Care Needs Assessment (EHCNA).

Under Section 36 of the Children and Families Act 2014, parents have the legal right to request an assessment directly from the local authority. The school’s permission is not required.

The legal test at this stage is whether:

• the child may have special educational needs, and
• it may be necessary for special educational provision to be made through an EHCP

The wording “may” is important. The threshold is intentionally low.

Parents are not required to prove that a child must receive an EHCP. They only need to demonstrate that a statutory assessment may be required to properly understand the child’s needs.

Once a request is submitted, the local authority normally has six weeks to decide whether to carry out the assessment.

Why EHCP Applications Are Sometimes Refused

Many refusals begin at the application stage.

Local authorities frequently respond with statements such as:

• “The child’s needs can be met through SEN Support.”
• “The school has not exhausted its resources.”
• “There is insufficient evidence to justify an assessment.”

These responses often apply a higher threshold than the law requires.

Applications can also be refused because:

evidence is too general
• difficulties are described emotionally rather than functionally
• there is no clear link between need and provision
• reports are referenced but not attached
• the legal threshold is not framed clearly

 

A strong application focuses on clarity, structure and evidence.

What Our EHCP Application Support Includes

Our role is to help families present the request for assessment in a structured and legally grounded way.

Initial Consultation

We begin with a one-hour consultation call to understand your child’s situation, talk through the application process, and identify the key issues that need to be explained.

Completion of the EHC Needs Assessment Request

We complete the EHC needs assessment request on your behalf, tailored to your local authority’s application process and requirements.

We review the information and documents you already have so we can understand your child’s educational needs and current difficulties in full.

Organisation of Supporting Documents

We organise the available evidence so the application is properly supported and presents a coherent picture of your child’s needs.

Application Drafting and Structure

We structure the written request so it clearly explains why an assessment is needed, what difficulties your child is experiencing, and why existing support is not enough.

Evidence-Led Application Support

We ensure the application is grounded in the evidence available, using the records and reports you provide to support the request as strongly as possible.

Ongoing Support Calls

Where needed, we provide support calls during the process so you can clarify next steps and ask questions as the application progresses.

What We Need From You

To prepare the application properly, we usually need the following from you:

The reason for the application

Please explain why you are seeking an EHC needs assessment now and what your main concerns are.

What has already been tried

We need to know what support, strategies or interventions have already been put in place, and why they are not working well enough.

School records and reports

This may include school reports, SEN records, attendance records where relevant, and any individual learning plans already in place.

Diagnoses, where applicable

If your child has any formal diagnoses, please send these across.

Professional assessments, where available

This may include EP, SALT or OT assessments, if you already have them.

Medical or CAMHS letters, where relevant

Please include any medical letters or CAMHS correspondence that helps explain your child’s needs.

Any other relevant supporting evidence

Anything else that helps show your child’s needs, difficulties or lack of progress can be useful.

Why an evidence pack can be beneficial

At the EHCP application stage, the priority is to get the case properly evidenced from the outset.

A stronger application creates a stronger foundation for everything that follows. When concerns are clearly set out and supported by the right evidence, it becomes easier for the local authority to understand the child’s needs and apply the correct legal threshold for assessment.

 

Our evidence pack can help strengthen the application by adding further professional input from our team, including social work and psychology. This can be particularly helpful where the existing records do not yet present a full or well-structured picture of the child’s needs, difficulties and educational impact.

 

This matters because weaknesses at the start of the process often become expensive later. If issues are not properly identified and evidenced at application stage, families may be pushed further into the EHCP process through refusals, disputes, mediation or appeal work that could potentially have been reduced with stronger preparation earlier on. The application page itself makes clear that early clarity can help prevent delays and disputes later in the process.

 

As an independent social work practice, we are also able to offer more than basic form support. We can draw on wider professional expertise within the team to help build a clearer and more professionally grounded case from the start. The page explains that Little Nellies benefits from the wider multidisciplinary expertise of the practice, including registered social workers, SEND practitioners and professionals with experience across education, health and social care.

For many families, the evidence pack is therefore a practical early investment: strengthen the application now, reduce the risk of unnecessary escalation, and lower the chance of much greater cost later.

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Why the Application Stage Matters

The application stage sets the tone for the entire EHCP process.

 

When the request for assessment is clear and well evidenced, it helps ensure the local authority focuses on the child’s needs rather than procedural questions about whether an assessment should take place.

Early clarity can prevent delays and disputes later in the process.

A structured request also makes it easier to challenge a refusal if the authority decides not to assess.

How Our Support Works

Families often arrive overwhelmed by paperwork, conflicting advice and uncertainty about what to do next.

Our role is to bring structure and clarity to the EHCP process.

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Free 15 Minute Call

We begin with a short discussion to understand your child’s situation and identify whether an application for an Education Health and Care Needs Assessment is appropriate.

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Tailored Plan

We review the available information and recommend the most appropriate approach, whether that involves reviewing your draft request or helping prepare the application.

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Structured Advocacy

We help organise documentation, clarify the description of needs and ensure the request aligns with the statutory threshold used by local authorities.

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Ongoing Support

If the authority agrees to assess, we can support the next stages of the EHCP process including draft plan reviews, mediation preparation or appeal support if required.

What Happens After an EHCP Application

Once a request for an Education Health and Care Needs Assessment is submitted, the local authority has six weeks to decide whether to carry out the assessment.

Two outcomes are possible.

If the authority agrees to assess, the process moves into the professional advice stage, which may lead to a draft EHCP.

If the authority refuses to assess, parents have the right to challenge the decision through the SEND Tribunal appeal process.

You can learn more about the next stages here:

Draft EHCP Review
• Refusal to Assess Appeals

Professional Standards and Expertise

Little Nellies is the specialist SEND advocacy division of the Nellie Supports social work practice.

Little Nellies Ltd operates as a subsidiary of Nellie Supports Ltd, providing dedicated EHCP and SEND advocacy services while benefiting from the wider multidisciplinary expertise of the practice.

Our EHCP work is delivered by professionals who understand both the statutory SEND framework and the practical realities families face when navigating local authority processes.

Our team includes:

• Social Work England registered social workers
• Social Care Wales registered social workers
• members of the British Association of Social Workers
• SEND practitioners with postgraduate qualifications
• multidisciplinary professionals with experience across education, health and social care

This combined expertise allows us to approach EHCP cases with both statutory knowledge and practical advocacy experience.

Other EHCP Support Services

Families often require support at different stages of the EHCP process.

Related services include:

Refusal to Assess Appeal Support

Draft EHCP Review

Refusal to Issue EHCP Appeal Support

EHCP Mediation Support

Tribunal Support and Representation

One Stop Evidence Pack

Annual EHCP Draft Review

Ready to Start an EHCP Application?

Starting an EHCP application can feel overwhelming, but clarity at the beginning of the process often reduces difficulties later.

If you want your request for assessment structured, evidence based and aligned with the statutory framework, our team can help.

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Frequently Asked Questions

  • Yes. Parents have the legal right to request an Education Health and Care Needs Assessment directly from the local authority under Section 36 of the Children and Families Act 2014.

  • Supporting documentation may include school reports, progress data, behaviour logs, professional assessments and medical letters. The goal is to demonstrate how the child’s needs affect access to education.

  • Local authorities normally have six weeks to decide whether to carry out an Education Health and Care Needs Assessment.

  • Parents have the right to challenge the decision through the SEND Tribunal after considering mediation requirements.

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