This is a Template Letter for an Application for a Formal statutory - EHCP assessment
You may add full details as suggested below (N.B.- Replace all blue print with your own details or delete as appropriate) Text in black may remain if relevant.
N.B – if the young person is aged 16 or over the application can be made in their own name, or in the parent’s name if the young person provides confirmation of their agreement to allow for parents to represent / or if they are not considered to
have full capacity - to understand the processes and implications involved in this complex process.
(Please take further legal advice or ask our team regarding this issue before proceeding)
DATE:…………………………………..
Your Address:…………………………
…………………………………………..
…………………………………………..
…………………………………………..
To: The Special Educational Needs Department - Director of Children’s Services
(Attn. – Name of your caseworker if you have one)
(Your Local Authority Address) ……………..
……………………………………………………
……………………………………………………
……………………………………………………
Dear Sirs, RE: (Name of Child or Young Person)……………… – D.O.B. …………………
Request for Formal/Statutory EHCP Assessment
I am writing as the parent of the above child/young person to request an assessment of their Education, Health and Social Care needs under section 36 (1) of the Children and Families Act 2014
(Name of child)…………. currently attends …………………….School.
(Address of School or College) …………………………
………………………………………………………………
This is a (type of School or College) ………………….Maintained / Independent provision.
The professionals currently involved with (Name of child or young person)……………………. are:
(Continue to list all involved – both on behalf of the Local Authority and Independently, I.e. Educational Psychologist / Therapists / Medical / Social / etc.)
(Name) ………………………has a diagnosis of / the following diagnoses/ identified difficulties :-
List all - (diagnosis or difficulty) …………………………………..– this was assessed by (name) ………………………
(Profession) ……………………………….. on (date) …………………………
Background: (Name) lives at home with his mother / father / (older or younger) siblings.
Provide a summary of birth and early years difficulties – including sleep / toileting / speech / progress with walking etc. (Name) is currently experiencing the following difficulties in School/College:- List each and every specific difficulty or suspected difficulty relating to:- emotional, anxiety or mental health, academic progress, access to education in the current educational environment or with the current level of experienced and qualified staff, and within the current peer group – then contrast/compare this with similar activities at home or in other settings; considering each heading below. Include ways in which you feel the current support is inadequate and the effect this may be having upon your child.
We feel that the above difficulties mean that (Name) ‘MAY’ have special educational needs, in accordance with:
Children and Families Act 2014 Part 3, Section 36
Assessment of education, health and care needs
(1) A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child’s parent, the young person or a person acting on behalf of a school or post-16 institution.
(2) An “EHC needs assessment” is an assessment of the educational, health care and social care needs of a child or young person.
(3) When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
Children and Families Act 2014 Part 3 Section 20
‘When a child or young person has special educational needs’
(1)A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
(2)A child of compulsory school age or a young person has a learning difficulty or disability if he or she— (a)has a significantly greater difficulty in learning than the majority of others of the same age, or
(b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
The Special Educational Needs and Disability Regulations 2014
Part 2 Regulation 3
Consideration of request
3. A local authority must consult the child’s parent or the young person as soon as practicable after—
(a) receiving a request for an EHC needs assessment under section 36(1) of the Act, or
(b) becoming responsible for the child or young person in accordance with section 24 of the Act, before determining whether it may be necessary for special educational provision to be made in accordance with an EHC plan for the child or young person.
We understand that you should agree to the following two points in order to carry out an EHCP assessment:-
1) That my child may have Special Educational Needs
2) That it may be necessary for special educational provision to be made for my child via an EHC plan.
I understand that you are required by law to reply to this request in writing within six weeks and that if you refuse to make appropriate assessments I will be able to appeal to the Special Educational Needs Tribunal.
Yours faithfully
Signature……………………………………….
Your name………………………..
Relationship to the subject…………………………
Your Address:…………………………
…………………………………………..
…………………………………………..
…………………………………………..
To: The Special Educational Needs Department - Director of Children’s Services
(Attn. – Name of your caseworker if you have one)
(Your Local Authority Address) ……………..
……………………………………………………
……………………………………………………
……………………………………………………
Dear Sirs, RE: (Name of Child or Young Person)……………… – D.O.B. …………………
Request for Formal/Statutory EHCP Assessment
I am writing as the parent of the above child/young person to request an assessment of their Education, Health and Social Care needs under section 36 (1) of the Children and Families Act 2014
(Name of child)…………. currently attends …………………….School.
(Address of School or College) …………………………
………………………………………………………………
This is a (type of School or College) ………………….Maintained / Independent provision.
The professionals currently involved with (Name of child or young person)……………………. are:
(Continue to list all involved – both on behalf of the Local Authority and Independently, I.e. Educational Psychologist / Therapists / Medical / Social / etc.)
(Name) ………………………has a diagnosis of / the following diagnoses/ identified difficulties :-
List all - (diagnosis or difficulty) …………………………………..– this was assessed by (name) ………………………
(Profession) ……………………………….. on (date) …………………………
Background: (Name) lives at home with his mother / father / (older or younger) siblings.
Provide a summary of birth and early years difficulties – including sleep / toileting / speech / progress with walking etc. (Name) is currently experiencing the following difficulties in School/College:- List each and every specific difficulty or suspected difficulty relating to:- emotional, anxiety or mental health, academic progress, access to education in the current educational environment or with the current level of experienced and qualified staff, and within the current peer group – then contrast/compare this with similar activities at home or in other settings; considering each heading below. Include ways in which you feel the current support is inadequate and the effect this may be having upon your child.
We feel that the above difficulties mean that (Name) ‘MAY’ have special educational needs, in accordance with:
Children and Families Act 2014 Part 3, Section 36
Assessment of education, health and care needs
(1) A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child’s parent, the young person or a person acting on behalf of a school or post-16 institution.
(2) An “EHC needs assessment” is an assessment of the educational, health care and social care needs of a child or young person.
(3) When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
Children and Families Act 2014 Part 3 Section 20
‘When a child or young person has special educational needs’
(1)A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
(2)A child of compulsory school age or a young person has a learning difficulty or disability if he or she— (a)has a significantly greater difficulty in learning than the majority of others of the same age, or
(b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
The Special Educational Needs and Disability Regulations 2014
Part 2 Regulation 3
Consideration of request
3. A local authority must consult the child’s parent or the young person as soon as practicable after—
(a) receiving a request for an EHC needs assessment under section 36(1) of the Act, or
(b) becoming responsible for the child or young person in accordance with section 24 of the Act, before determining whether it may be necessary for special educational provision to be made in accordance with an EHC plan for the child or young person.
We understand that you should agree to the following two points in order to carry out an EHCP assessment:-
1) That my child may have Special Educational Needs
2) That it may be necessary for special educational provision to be made for my child via an EHC plan.
I understand that you are required by law to reply to this request in writing within six weeks and that if you refuse to make appropriate assessments I will be able to appeal to the Special Educational Needs Tribunal.
Yours faithfully
Signature……………………………………….
Your name………………………..
Relationship to the subject…………………………
It is useful to request all school files and data from school, and records from the Local authority before making an application for Statutory Assessment / EHCP assessment, to inform your case. We can help you with this as well as preparing the application and appendices. Refusal is common. If your application is refused we can help you through SEND Tribunal appeal - most of these appeal cases are won by parents.
Please contact Educational Equality if you require any further assistance. - Contact Us