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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.
Document Review
We review existing school records, reports and supporting documents to understand your child’s current educational profile.
Evidence Gap Analysis
We identify where important evidence is missing or unclear so the application presents a complete picture of your child’s needs.
Supporting Evidence Guidance
We advise on the types of professional reports or documentation that may strengthen the request for an assessment.
Application Structure
We help organise the written request so it clearly explains the child’s needs and the reasons an assessment may be required.
Statutory Threshold Alignment
We ensure the language of the request reflects the legal test under Section 36 of the Children and Families Act 2014.
Refusal Risk Preparation
We structure the application with common refusal arguments in mind so the request is clear, evidence based and harder to dismiss.
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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
Appeal Preparation and Submission
➡ Tribunal Support
One Stop Evidence Pack
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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.
Talk to us today
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