Is my child eligible for an EHCP?
If you are unsure whether an EHC plan is even the right route for your child, you are in good company. It is one of the most common questions parents ask, and the answer is kinder than most people expect: the legal bar for asking is low, on purpose. Answer five short questions and we will show you where you stand and what to do next. Nothing you enter leaves your device.
Where do you live?
How old is your child or young person?
Does your child find learning harder than most children their age, or does a disability get in the way of using what school provides?
This is the legal definition of special educational needs. It covers learning, communication, social and emotional needs, physical needs and sensory needs. No diagnosis is needed to answer yes.
Does your child need, or might they need, more or different help than their school or nursery normally gives?
For example one-to-one support, therapy, specialist teaching, or a different kind of setting.
Is your child on SEN Support at school right now?
SEN Support is the extra help schools arrange themselves, before or instead of a plan.
Case Manager gives you the assessment request letter with the law cited, then tracks the 6 week clock from the day the council receives it, and emails you before each deadline. One subscription covers up to four children.
£29 a month. Cancel from your account at any time and your case stays readable.
What the law actually asks
The test for an EHC needs assessment sits in section 36(8) of the Children and Families Act 2014, and it is smaller than most parents fear. The council must assess if your child may have special educational needs, and provision through a plan may be necessary. Both halves say "may". Nobody, including the school or the council, can know the answer for certain before an assessment. That is the point of the assessment.
So this checker never tells you your child is ineligible. It cannot, and neither can anyone else without assessing. What it does is show you which route fits where you are today, and what evidence will help. If you are ready, the guide on how to apply for an EHCP walks through the request letter step by step, and once you have asked, the free deadline checker shows the clock the council is now on.
Three things parents are often told that are not the law
- "You need a diagnosis first." You do not. Needs, not labels, define SEN (s.20).
- "Only the school can apply." Parents and young people can request directly (s.36(1)).
- "They are not far enough behind." Attainment is evidence, not the test. The test is s.36(8), and it says "may".
Common questions
Does my child need a diagnosis to get an EHCP?
No. Special educational needs are defined by what your child finds hard, not by a diagnosis. Section 20 of the Children and Families Act 2014 asks whether your child has a learning difficulty or disability that calls for special educational provision. Many children get plans while still on a diagnosis waiting list.
Can the school stop me from applying for an EHCP?
No. Parents and young people over 16 can request an EHC needs assessment directly from the council under section 36(1) of the Children and Families Act 2014. The school does not have to agree, and you do not need their permission. Schools can also request, but their agreement is not a legal requirement for yours.
Does my child have to be years behind at school to qualify?
No. The legal test is whether your child may have special educational needs and may need provision through a plan (section 36(8)). Attainment is evidence, not the test. A child who is coping academically but only because of intensive support, or who is struggling socially or emotionally, can still qualify.
Do we have to try SEN Support first before asking for an assessment?
The law does not require it. The only legal test is in section 36(8), and councils cannot apply blanket policies that demand a fixed period of SEN Support first. In practice, evidence of what has been tried strengthens a request, but if your child’s needs are clear you can ask now.
What happens after I ask for an assessment?
The council must tell you its decision within 6 weeks (SEND Regulations 2014, reg 5(1)). If it agrees, the whole process to a final plan must take no more than 20 weeks from your request. If it refuses, you can appeal, and most parents who appeal a refusal succeed.
Is this checker legal advice?
No. It gives legal information: what the law says and how your answers map onto it. It never tells you your child is ineligible, because only an assessment can decide that. For advice on your individual case, IPSEA and your local SENDIASS give free help.
This is legal information, not legal advice on your individual case. England only. For free advice on your case, contact IPSEA or your local SENDIASS.