What “apply” actually means
Schools don't “apply for” an EHCP, despite how the question is usually phrased. What happens is a request for an EHC needs assessment sent to the local council; the council then decides whether to assess and whether to issue a plan.
The SEND Code of Practice 2015 (paragraph 9.8) lists who can request the assessment:
- The child's parent.
- The young person themselves (16 to 25).
- A person acting on behalf of the school or post-16 institution (typically the SENDCO or head).
All three routes carry equal weight. A request from a parent gets the same legal consideration as a request from a school.
Why schools sometimes resist
Schools occasionally say no for reasons that are honest but not legally binding on you. Common reasons:
- “We haven't tried everything at SEN Support yet.” This may be true and may even be sensible, but it's not a barrier to your request. The council will weigh the evidence either way.
- “We don't think they meet the threshold.” No statutory threshold exists for an EHC needs assessment. The test is whether the child may have SEN and may need provision beyond what mainstream schools can ordinarily make (s.36(8) CFA 2014). The bar is low at this stage.
- “It will damage our SEND budget.” Schools have a notional SEN budget (the first £6,000 of any pupil's additional support); some heads worry that high EHCP rates make the school look needy or expensive. This isn't your problem.
- “Let's wait until the next academic year.” Delay is the most common form of school resistance. Six months at a developmental stage matters.
None of these are legal blocks. They are signals to send your direct request now.
How to go direct
Send a written request to your council's SEN team (not to the school). The IPSEA model letter is the standard format. Include:
- Your child's full name and date of birth.
- The school they attend.
- A short paragraph saying you believe your child has special educational needs and may need provision beyond what the school can ordinarily make.
- A reference to section 36(1) of the Children and Families Act 2014.
Email is fine; keep the sent-email timestamp. The council has 6 weeks from receipt to decide whether to assess (SEND Code paragraph 9.41).
The council will tell the school you've made the request and ask the school for evidence. The school will then have to engage with the process whether they wanted to or not. This isn't a confrontational move; you're using the route the law provides.
What if the SENDCO is the one resisting
The SENDCO (the teacher in charge of special needs) may resist for the reasons above or because they feel their professional judgement has been questioned. The right framing in conversation: “I respect that you may take a different view of the evidence. I'm going to use the parental route under s.36(1) and the council will weigh both sides.” Keep it cordial; you'll still be working with this SENDCO whether or not the EHCP issues.
If the SENDCO becomes obstructive (refusing to share existing school SEN records, refusing to write a report when the council asks for one), escalate to the headteacher. Schools have a duty under Regulation 51 of the SEND Regulations 2014 to publish a SEN Information Report and to be transparent about their SEN provision; obstruction is contrary to that duty.
Where the law comes from
Related
This page is general information, not clinical or legal advice.