When You Feel Your Child Needs an EHCP, but School Disagrees

Applying for an Education, Health and Care Plan can be stressful, especially if you think your child needs extra help but the school disagrees. You might feel ignored, uncertain, or wonder if you can move forward without the school’s support. It’s important to know that in England, parents and carers can ask their local authority for an EHC needs assessment on their own. While it helps if the school supports your request, you don’t need their agreement. The local authority must look at whether your child has or might have special educational needs and if they may need extra support through an EHCP.

Step 1: Ask for a Calm, Focused Meeting

Begin by asking for a meeting with your child’s teacher, the SENCo, and, if needed, someone from the senior leadership team. Keep the discussion focused on facts instead of emotions. Ask the school to explain why they don’t think an EHCP assessment is needed and what support they can offer through SEN Support.

Useful questions to ask include:

·   What needs has the school identified?

·   What support is currently in place, how often is it delivered, and by whom?

·   What progress data shows whether the support is working?

·   What gaps remain despite the support already provided?

·   What evidence would the school need to see before supporting an EHC needs assessment request?

Step 2: Gather Your Own Evidence

If the school doesn’t fully recognise your child’s needs, your own evidence matters even more. Keep a clear record of what happens at home and at school, such as distress, anxiety, exclusions, part-time timetables, refusal to attend, sensory overload, communication issues, friendship struggles, academic gaps, or tiredness after school.

Evidence might include:

·   School reports, attainment data, behaviour logs, attendance records, or incident reports.

·   Emails between you and the school about concerns or support.

·   Reports from professionals such as speech and language therapists, occupational therapists, paediatricians, CAMHS, educational psychologists, or private assessors.

·   Your own diary of what your child finds difficult and how this affects daily life.

·   Examples of work that show gaps between what your child can do and what is expected.

·   Your child’s views, where appropriate, about what school feels like for them.

What the SEND Code of Practice Says About SEN Support

The SEND Code of Practice is official guidance for schools and local authorities in England when helping children with special educational needs. It matters because it shows that SEN Support should not be vague or informal. Schools need to take clear, purposeful action that matches your child’s needs and aims for better results.

In reality, schools shouldn’t just say, “We are keeping an eye on things,” or, “They are managing.” If a child has or might have SEN, the school should show what needs they have found, what support is in place, who is giving it, how often it happens, and how they check if it’s working.

The SEND Code of Practice describes a graduated approach, often known as assess, plan, do and review. This should be a cycle, not a one-off conversation. School should assess your child’s needs using evidence, plan support with clear outcomes, put that support in place, and then review whether it has made a difference. Parents and, where appropriate, the child or young person should be involved in this process.

If the school disagrees with you, this framework can help shift the conversation from opinions to facts. You can ask: What was assessed? What was planned? What was actually done? What was reviewed? What changed afterward? If these answers aren’t clear, it may mean SEN Support hasn’t been properly organised or reviewed yet.

Sometimes, disagreements about an EHCP request happen because the school thinks it can meet your child’s needs with its own resources. The SEND Code of Practice doesn’t require a child to fail before getting more help. Schools should spot needs early, remove learning barriers, involve families, and review support regularly. If your child still isn’t making progress or their needs are too complex for regular SEN Support, this can help your case for an EHC needs assessment.

Step 3: You Can Apply Directly to the Local Authority

You don’t have to wait for the school to agree before asking for an EHC needs assessment. Parents, carers, young people aged 16 to 25, schools, or other professionals can make the request. In your letter or online form, describe your child’s needs, what support has been tried, why it wasn’t enough, and why you think an EHCP is needed.

After the local authority gets your request, it must decide whether to do an assessment. If it agrees, the whole EHCP process should be finished within 20 weeks from when your request was received. If it refuses, you should be told about your right to mediation and appeal.

Step 4: Keep Communication Professional and Written

It’s normal to feel upset if you think your child is struggling and the school doesn’t see everything. Still, keeping your communication calm, clear, and in writing can help protect your position. After meetings, send a brief follow-up email that sums up what was discussed, what actions were agreed, and any deadlines.

Example wording: “Thank you for meeting with me today. I understand that the school does not currently feel an EHC needs assessment is necessary. However, I remain concerned that my child’s needs are not being fully met through SEN Support. Please could you confirm what support is currently in place, how it is being measured, and what further steps the school will take over the next half term?”

Step 5: Get Advice

If you’re unsure, you can contact your local SENDIASS service for free, impartial advice. National charities and legal services like IPSEA offer advice, or we can support you here at EHCP 4 Kids.

Step 6: If the Request Is Refused, Know Your Rights

If the local authority refuses to do an EHC needs assessment, it’s not the end of the process. The refusal letter should explain the reasons, what evidence was looked at, and how you can challenge the decision. Usually, you’ll need to try mediation before appealing to the SEND Tribunal. Watch deadlines closely and get advice quickly if you’re unsure.

When deciding whether to assess, the local authority should look at whether your child has or might have special educational needs and if they may need extra support through an EHC plan. This is a lower bar than many parents think. You don’t need the school’s permission to ask for an assessment, and you don’t always need a diagnosis before applying.

If School Still Disagrees

Sometimes, even after you share evidence, the school may still believe SEN Support is enough. If this happens, try to keep your relationship with the school separate from your right to ask for an assessment. You can keep working with the school and also make your own request to the local authority.

You might want to ask the school for copies of your child’s records, support plans, assessment data, behaviour logs, attendance details, and notes from review meetings. If the school disagrees with you, it doesn’t mean your concerns aren’t valid. It just means you may need to show your evidence clearly and explain the difference between how your child seems at school and what you see at home.

Quick Checklist Before You Apply

·   Write down your main concerns clearly and in plain language.

·   Collect school evidence, professional reports, emails, examples of work, and your own diary notes.

·   Explain what support has already been tried and why it has not been enough.

·   Include your child’s views where appropriate.

·   Send the request to the correct local authority department and keep a copy.

·   Record the date the local authority receives your request so you can track deadlines.

It can feel lonely if you don’t agree with the school, but you still have options. Stay calm, collect evidence, keep your communication in writing, and remember that the local authority must decide based on the legal test and the evidence, not just whether the school agrees with you. If you think your child needs more support than regular SEN Support, you have the right to ask for their needs to be properly considered.

Linda's support during my fight to secure an EHCP for my son was nothing short of phenomenal. From our very first conversation, I knew she was the right woman for the job! Her knowledge and experience of the EHCP process and the legal system is vast and her attention to detail is incredible - she spotted gaps I would have missed and gave me practical advice on how to strengthen the evidence for my son's case. It was clear she knew the system inside out, and her confidence gave me hope when I was feeling overwhelmed.

Thanks to Linda’s tireless work and dedication, we secured the EHCP for my son. The relief of knowing his needs will finally be met at school is beyond words - it’s genuinely life changing. She’s not only brilliant at what she does but also a genuinely kind and supportive person who made me feel heard and valued. Thank you, Linda, from the bottom of my heart, I could not have done it without you!"

Fay, Bromley - September 2025