Last reviewed: March 2026
Written by: School of Diversity SEND Support Team
Topic: Education, Health and Care Plans (EHCP)
This guide is designed to help parents understand the EHCP process in England and is regularly updated to reflect SEND guidance and procedures.
Can a School Refuse an EHCP Request?
A school can decide not to request an EHCP assessment themselves, but they cannot stop a parent from requesting one. Parents have the legal right to ask their local authority to carry out an Education, Health and Care (EHC) needs assessment if they believe their child may need additional support. The local authority must then decide whether to assess the child’s needs.
Key Takeaways
A school may choose not to request an EHCP assessment themselves, but they cannot stop a parent from requesting one.
Parents have the legal right to request an EHC needs assessment directly from the local authority.
The local authority, not the school, decides whether to carry out the assessment.
The local authority must usually respond to the request within six weeks.
If the request is refused, parents may be able to challenge the decision through mediation or appeal.
Many parents are told by schools that their child does not need an EHCP, or that the school will not apply for one.
This can leave families feeling stuck and unsure about what they are allowed to do next.
The important thing for parents to know is that schools cannot stop a parent from requesting an EHC needs assessment. Parents have the legal right to make this request directly to the local authority.
Understanding how this works can help families move forward with more confidence.
Can schools refuse to apply for an EHCP?
Yes, a school may decide not to request an EHCP assessment themselves.
However, this does not prevent parents from making the request.
Parents have the same legal right as schools to request an EHC needs assessment from the local authority.
Can parents request an EHCP without the school?
Yes.
Parents can write directly to the local authority SEND team and request an EHC needs assessment for their child.
The school does not need to approve the request, although the local authority will usually ask the school to provide information during the assessment process.
Why do schools sometimes discourage EHCP requests?
There can be several reasons why schools may hesitate to request an EHCP.
For example:
Schools may believe SEN support is sufficient
They may feel more evidence is needed
Resources may be limited
There may be misunderstandings about the process
In many cases, schools are trying to manage support within their existing resources.
However, if parents believe their child needs more support, they still have the right to request an assessment.
What happens after a parent requests an EHCP assessment?
Once the local authority receives the request, they must decide within six weeks whether to carry out an EHC needs assessment.
They may:
Agree to assess the child’s needs
Refuse the assessment
If the request is refused, parents have the right to challenge the decision.
Does a school need to support the request?
While school input is important, a request can still proceed even if the school does not fully agree.
During the assessment process the local authority will usually gather information from:
The school
Parents
Educational psychologists
Health professionals (where relevant)
This helps build a full picture of the child’s needs.
When parents may consider requesting an EHCP themselves
Parents sometimes choose to request an assessment when:
SEN support has not helped their child make progress
The child requires more intensive support
Needs are becoming more complex
School support feels inconsistent
Requesting an assessment allows the local authority to formally consider whether an EHCP may be needed.
Parents have the right to ask questions
The SEND process can feel complicated, especially when families receive different messages from schools or professionals.
Knowing that parents can request an EHC needs assessment themselves can help families feel more informed about their options.
If parents believe their child’s needs may require more support than the school can reasonably provide, requesting an assessment can be an important step.
FAQ
Can a school refuse to apply for an EHCP?
A school may decide not to request an EHCP assessment themselves, but parents still have the legal right to request one directly from the local authority.
Can parents apply for an EHCP without the school?
Yes. Parents can request an EHC needs assessment directly from their local authority.
How long does the local authority have to respond?
The local authority must decide within six weeks whether to carry out the assessment.
What if the local authority refuses the request?
Parents have the right to challenge or appeal the decision.
Explore more EHCP guidance
Understanding your rights as a parent can make the EHCP process feel much clearer and less stressful. If you would like a broader overview of the process, you can explore our complete EHCP guide for parents, where all of our EHCP resources are brought together in one place. If you decide to move forward with a request, our guide on how to apply for an EHCP explains the steps involved in asking the local authority to carry out an EHC needs assessment.
You may also find it helpful to use our EHCP request letter template for parents, which shows how to write a simple request for an assessment. If you are preparing your request, our guide on what evidence you need for an EHCP explains the types of information that can help support your application.