The School Won't Apply for an EHCP. What Can I Do?
Has your child's school told you they won't apply for an EHCP?
If so, you're not alone.
Many parents contact me after being told things like:
"The school doesn't think your child needs an EHCP."
"We won't apply because it will just be refused."
"Let's wait another year and see how they get on."
"Your child isn't far enough behind."
Hearing this can be incredibly upsetting, especially if you're watching your child struggle every day.
The good news is that the school does not have to apply for an EHCP for you.
Can I apply for an EHCP myself?
Yes.
As a parent, you have the legal right to request an Education, Health and Care Needs Assessment (EHCNA) directly from your Local Authority.
You do not need your child's school to submit the application on your behalf or give their permission.
While the school will usually be asked to provide information during the assessment process, the application itself can come directly from you.
Why might a school refuse to apply?
There are many reasons, and they are not always because they don't believe your child has additional needs.
Sometimes schools:
Believe they can meet your child's needs through SEN Support.
Are worried the application may be refused.
Want to gather more evidence before making a request.
Misunderstand the legal threshold for an assessment.
Simply have limited experience of the EHCP process.
Unfortunately, some parents are incorrectly told that their child is "doing too well" or "isn't behind enough" to qualify.
However, the legal test for an EHC Needs Assessment is not whether a child is failing academically. It is whether they may have special educational needs that require provision to be made through an EHCP.
Should I wait?
This is one of the biggest questions parents ask.
Sometimes gathering additional evidence can strengthen an application.
However, delaying without a clear reason can also mean your child goes months, or even years, without the support they need.
Every family's circumstances are different, so it's important to understand whether waiting is likely to improve your child's position or simply delay access to support.
What evidence do I need?
Many parents worry they cannot apply because they don't have professional reports.
In reality, a strong application often starts with evidence that already exists, including:
School reports
SEN Support plans
Individual education plans
Medical letters
Reports from speech and language therapists, occupational therapists or other professionals
Attendance records
Behaviour records
A detailed parent contribution explaining how your child's needs affect everyday life
The key is not simply collecting paperwork, but presenting the evidence in a way that clearly demonstrates why an assessment is necessary.
What happens after I apply?
Once your Local Authority receives your request, it must decide whether to carry out an EHC Needs Assessment.
There are statutory timescales that apply, and if the Local Authority refuses to assess your child, you may have the right to appeal that decision.
Many successful EHCPs begin with a parent-led application, even where the school was initially reluctant to support it.
Don't assume the school's decision is the end of the process
Being told that the school won't apply can feel like a dead end.
It isn't.
Parents have important legal rights, and many families successfully secure an EHCP after making a direct request themselves.
The most important thing is making sure your application is supported by clear, relevant evidence from the outset.
Need Help With Your EHCP Application?
If your child's school has refused to apply for an EHCP, or you're unsure whether your evidence is strong enough, I can help.
My EHCP Application Support service includes a detailed review of your circumstances, advice on the evidence to include, and support preparing the strongest possible request to your Local Authority.
Get in touch today to discuss your child's situation before submitting your application.