The legal basis
The framework is in the Children and Families Act 2014 (Part 3) and the SEND Code of Practice 0 to 25. Focus is on the child's needs, not their diagnoses.
Parental submissions
- Concrete daily-function detail: what happens at morning routine, transitions, unstructured time, homework, sleep.
- Frequency and impact: how often each difficulty presents and what harm follows if unsupported.
- Quotes from the child (age-appropriate).
- Any incident logs, safeguarding notes, exclusions or reduced timetable evidence.
School and specialist reports
- SENCo observations, SEN Support plans, provision maps, IEPs.
- Educational psychology reports (state-provided or, where funded, private).
- Speech and language therapy, occupational therapy, physiotherapy assessments.
- Consultant, paediatrician, CAMHS letters.
The private report question
Private reports help when: written by a suitably qualified professional (e.g. HCPC-registered educational psychologist), specific about need, and evidence-based. They do not help when generic, unqualified, or built as a sales tool. Local authorities are required to consider all evidence but the tribunal (if you reach one) weights on qualifications and reasoning.
Timeline and appeal
- 6 weeks for the LA to decide whether to assess.
- 16 weeks from starting to decide whether to issue a plan.
- 20 weeks total statutory limit from request to final plan.
- Refusals appealable to the First-tier Tribunal (SEND).
Draft the request
Our assessment drafts a formal EHC needs assessment request letter for your local authority, citing the Children and Families Act 2014 and the SEND Code of Practice.
Frequently asked questions
Do I need a formal diagnosis?
No. The Children and Families Act 2014 and the SEND Code of Practice 2015 focus on need, not diagnosis. A working diagnosis, GP or CAMHS letter, or educational psychology observations can be enough.
What weight do parental submissions carry?
Substantial. Parents and carers know the child's day-to-day function best. Local authorities are required to seek parental views under section 36(2) of the Children and Families Act 2014.
Do private reports help?
Sometimes. A well-evidenced private educational psychologist or specialist report can strengthen a submission where NHS or council services are stretched. Poor-quality reports can hurt. The LA must consider all evidence but weights depend on qualifications and specificity.
How long does the LA have to respond?
6 weeks to decide whether to conduct an assessment; 16 weeks to decide whether to issue a plan after starting an assessment; the whole process must complete within 20 weeks. See gov.uk for the current position.
What if the LA refuses to assess?
You have the right to appeal to the First-tier Tribunal (SEND). The refusal rate at tribunal is high; see the Ministry of Justice SEND tribunal statistics on gov.uk.
General information, not legal advice. Finally Seen is not affiliated with any local authority or the DfE. Check current guidance at gov.uk before submitting.