What Qualifies a Child for an EHCP in England? (A Parent-Friendly Guide to the Legal Test, Myths & Next Steps)
What Qualifies a Child for an EHCP in England?
A parent-friendly guide to the legal test, common myths, and practical next steps
If You're Reading This, You're Probably Worried — You're Not Alone
If you're here because you're unsure whether your child qualifies for an EHCP, you're asking exactly the right questions. Maybe school have mentioned it. Maybe you're wondering if you should request one yourself. Maybe you've already been told "no" and you're trying to work out if that's right.
This guide explains the actual legal test for an EHC needs assessment in England — not what you've been told informally, not the hurdles that sometimes get put in your way, but what the law says. We'll also address the myths that stop families in their tracks.
The Kinds of Concerns Parents Bring to Us
- "Am I overreacting, or is something serious being missed?"
- "My child masks in school and melts down at home — will anyone believe us?"
- "School says they're coping or bright, but attendance is falling apart."
- "I don't know what evidence I need, and I'm scared of doing it wrong."
- "I've been told 'no' informally — how do I challenge this without conflict?"
- "Even if we get a plan, will it actually be delivered?"
A Quick Reassurance Before the Legal Bits
Understanding the EHCP criteria isn't about becoming an expert in education law. It's about knowing your rights so you can have clearer conversations with school and your local authority. Your observations of your child — what you see at home, what patterns you notice — are valid and important evidence. You're not imagining things.
For more on our safeguarding approach and how we work with families, that's always a good place to start.
EHCPs in One Sentence (No Jargon)
An EHCP (Education, Health and Care Plan) is a legal document that describes your child's special educational needs and sets out the specific support they must receive — support that goes beyond what a mainstream school can normally provide from its own resources.
What an EHCP Is Designed to Do
- Clearly describe your child's needs (educational, and where relevant, health and social care)
- Set out specific, legally enforceable provision to meet those needs
- Coordinate support across education, health and social care when needed
- Name the school or setting where the plan will be delivered
What an EHCP Is Not
- Not a diagnosis. You don't need a diagnosis to get an EHCP, and having a diagnosis doesn't guarantee one.
- Not a quick fix. The process can take months and requires ongoing collaboration.
- Not a guarantee of progress. It provides a framework for support, but outcomes depend on delivery and fit.
- Not just for "severe" needs. Children with invisible needs (anxiety, masking, SEMH) can and do qualify.
For more detail on what an EHCP contains, see our guide on EHCP explained: what it is, who it's for, and how it works.
The Legal Test for an EHC Needs Assessment
This is the part that matters most. The threshold for requesting an EHC needs assessment is set in the Children and Families Act 2014 and the SEND Code of Practice.
A local authority must carry out an EHC needs assessment if:
The Two-Part Legal Test
Part 1
The child has or may have special educational needs (SEN)
Part 2
The child may need special educational provision through an EHC plan
Why the Word "May" Is Important
Notice the law uses "may have" and "may need" — not "definitely has" or "must prove". This is a deliberately low bar.
The assessment is the mechanism for finding out the full picture. You don't have to prove everything before requesting it. If there are reasonable grounds to believe your child might have SEN and might need EHCP-level support, the threshold for assessment is met.
Key point: The assessment is how needs are properly investigated. Parents sometimes feel they need to "prove" their child qualifies before asking — but the law doesn't require that. The request triggers an assessment, which is the evidence-gathering stage.
Who Can Request an Assessment?
- Parents or carers — you can request directly, without the school's permission
- Young person (if aged 16–25) — in their own right
- Professionals — schools, early years settings, health or social care practitioners
What Counts as SEN in This Context?
Under the legislation, a child has SEN if they have a learning difficulty or disability which calls for special educational provision — meaning support that is "additional to or different from" what is normally available to others of the same age.
"Additional to or Different From" — Explained Simply
This phrase comes up a lot. It means your child needs something beyond what a typical pupil receives. This might be:
- Specialist teaching approaches
- Adapted curriculum or resources
- Sensory support (quiet spaces, movement breaks, visual schedules)
- Communication support (SALT input, augmentative communication)
- Emotional regulation support beyond what's typically available
- 1:1 or small group support at a level the school can't normally provide
Needs Can Be Invisible
SEN isn't just about academic attainment. A child can be doing "fine" on paper and still have significant needs in:
- Communication and interaction (autism, social communication differences)
- Sensory regulation (hypersensitivity, sensory processing differences)
- Social, emotional and mental health (anxiety, trauma, distress-based behaviour)
- Cognition and learning that's masked by high ability in other areas
This is particularly relevant for: autistic girls who mask well in school; twice-exceptional pupils (gifted but with significant SEN); children who hold it together at school but melt down at home; those with anxiety-based school avoidance. If any of these sound familiar, your child may still qualify — don't be put off by "they seem fine in class".
When SEN Support Isn't Enough — Practical Signs
Most children with SEN are supported through SEN Support — adjustments and interventions provided by the school from its own resources. An EHCP is considered when this isn't enough.
Signs That SEN Support May Not Be Enough
Slow Progress
Progress is significantly slower than peers despite well-planned, evidence-based interventions over time.
Exhausted Options
School has already tried a wide range of adjustments (small groups, targeted programmes, behaviour support) with limited impact.
Intensive Support Needed
Your child needs frequent, highly specialist or 1:1 input (e.g., daily SALT, intensive social communication programmes, sensory regulation across the day).
Attendance Barriers
Substantial barriers to attending or participating (persistent absence linked to anxiety, regular exclusions, not coping in class even with support).
Multi-Agency Involvement
Multiple agencies are involved (CAMHS, paediatrics, SALT, OT, social care) and provision needs coordinating in a single plan.
Wellbeing Impact
Your child's emotional wellbeing, mental health, or sense of safety at school is significantly affected — even if grades appear okay.
It's Not Just About Grades
When thinking about whether SEN Support is enough, the focus should be on progress, participation, and wellbeing — not just academic attainment. A child who is academically average but can barely attend school, or who is exhausted by masking, or who is becoming increasingly anxious, may absolutely need EHCP-level support.
For more on school placement options, see our guides on what an SEN school is (and who it helps) and SEN school vs mainstream: key differences.
Myths That Stop Families in Their Tracks
One of the most frustrating parts of the EHCP process is being told things that sound official but aren't actually part of the legal test. Here are the most common myths — and what's actually true.
Common Myths vs What the Law Actually Says
"They're too bright for an EHCP."
RealityThe SEND Code of Practice is clear: decisions cannot be based on academic attainment alone. A child with average or above-average grades may still qualify if they need substantial, specialist input in communication, sensory regulation, emotional wellbeing, or other areas.
"School must spend £6,000 first before you can apply."
RealityThis is not a lawful requirement for requesting assessment. The £6,000 "notional SEN budget" is about how schools are funded — it's not a gate that must be unlocked before parents can ask for an assessment. The legal test is simply: may have SEN + may need EHCP provision.
"You need an Educational Psychologist report before you can apply."
RealityAn EP report can be helpful evidence, but it's not required to request an assessment. The LA should gather the necessary evidence (including commissioning EP involvement where appropriate) as part of the assessment process itself.
"You need a diagnosis first."
RealityA diagnosis can be helpful evidence but is not always required. The focus is on your child's needs and whether they may require provision beyond SEN Support — not on diagnostic labels. Many children receive EHCPs without (or before) formal diagnoses.
"Behaviour problems mean it's a parenting issue, not SEN."
RealityBehaviour is often communication — a sign of unmet need, distress, or difficulty accessing the environment. SEMH (Social, Emotional and Mental Health) is one of the four broad areas of SEN. Distress-based behaviour can absolutely be relevant to EHCP eligibility.
If you've been told any of these things informally: You can politely ask the school or LA to explain how their decision aligns with the legal test in the Children and Families Act 2014. The statutory threshold is "may have SEN" and "may need provision" — not any of these additional hurdles.
What Typically Tips a Case Towards Issuing a Plan
After an EHC needs assessment happens, the LA decides whether to issue a plan. Not everyone who is assessed gets a plan — but many do. Here's what often tips decisions towards issuing:
Factors That Often Lead to an EHCP Being Issued
Specialist/Intensive Provision
The level of support needed is so high, specialist, or frequent that it can't realistically be delivered from general school resources (e.g., regular input from specialist teachers, therapists, high levels of 1:1).
Placement Suitability
The current setting may not be suitable without major adaptations, or a specialist placement, small group setting, or alternative provision may be needed for safe access to learning.
Need for Specificity
Clear, detailed specification of provision and outcomes is needed so that everyone (school, parents, therapists, LA) is legally bound to deliver what's agreed.
Cross-Agency Coordination
Provision must be coordinated across education, health and social care to avoid gaps, duplication, or unsafe arrangements.
The Importance of Specific, Written Provision
One of the key benefits of an EHCP is that Section F provision becomes legally enforceable. But this only works if the wording is specific and quantified — not vague phrases like "access to" or "regular input".
Good provision wording states: what will be provided, how much, how often, and by whom.
The System Context: Why Families Experience Gatekeeping
If the legal test is relatively straightforward, why do so many families experience pushback? The answer lies in the pressure the SEND system is under.
EHCP demand has risen sharply. This helps explain why families experience delays, informal refusals, and gatekeeping — but the legal test itself hasn't changed. LAs are under pressure, but they still have a legal duty to assess when the threshold is met.
Context, not excuse: Understanding system pressure can help you prepare for a potentially difficult process — but it doesn't change your child's rights. If your child meets the threshold, you're entitled to request an assessment.
A Parent-Friendly Checklist: Do We Meet the Threshold?
Here are some questions you can ask yourself — and take into a meeting with school or the LA.
Questions to Consider
- Does my child have a learning difficulty or disability that affects how they learn, communicate, behave, or access school life?
- Has high-quality SEN Support already been tried over time, with clear evidence of what was put in place and what impact it had?
- Does my child still need help that is more frequent, specialist, or intensive than school can reasonably provide from its usual resources?
- Do health and/or social care needs interact with education in a way that requires joined-up, planned support?
- Would having provision written into a legally enforceable document make a real difference to my child's ability to make progress and access education?
If you can honestly answer "yes" to these questions, there's a strong argument that your child meets the threshold for an EHC needs assessment — and likely needs an EHCP at the end of that process.
What to Write Down (Examples of Impact)
When preparing a request or attending a meeting, it helps to have specific examples:
- Attendance patterns: "Attendance has dropped to 60% this term; most absences are linked to anxiety about specific lessons/transitions."
- Home vs school: "They hold it together at school but meltdown for 2 hours every evening. This started in Year 4 and has worsened."
- What's been tried: "School implemented a visual timetable, quiet space access, and reduced homework — but difficulties persist."
- Professional involvement: "CAMHS referred for anxiety assessment; SALT identified receptive language delay affecting comprehension."
- Daily impact: "Getting ready for school takes 90 minutes with significant distress. Sleep is disrupted most nights."
What Evidence Helps (Without Turning Your Life into a Courtroom)
You don't need a perfect file of evidence to request an assessment — but gathering what you have can strengthen your case and help you feel prepared.
Types of Evidence That Help
School Records
SEN Support plans, IEPs, reviews, progress data, behaviour logs, what's been tried and what happened.
Attendance & Wellbeing
Attendance records, exclusion letters, reduced timetable agreements, notes on anxiety or distress patterns.
Professional Reports
EP, SALT, OT, CAMHS, paediatrician — any specialist who has assessed your child and can describe needs.
Your Observations
A diary of what you see at home: meltdowns, exhaustion, sleep issues, what triggers difficulty, what helps.
Emails & Letters
Correspondence with school — requests for support, meeting notes, responses to concerns. Keep copies of everything.
Child's Voice
What your child says about school, in their own words. Can be written, drawn, or recorded — whatever works for them.
Focus on lived impact rather than clinical language. Your observations as a parent are evidence. The goal is to show what life is like, what's been tried, and why more is needed.
What Happens If the LA Says No?
If the local authority refuses to assess, or assesses but refuses to issue a plan, they must explain their reasons in writing. You have rights to challenge these decisions.
If the LA Refuses: Your Options
A refusal isn't necessarily the end. Many families successfully challenge decisions through these routes:
Ask for Reasons
Request the decision in writing with clear reasons for refusal
Mediation
Contact mediation services to discuss the decision informally
SEND Tribunal
Appeal to the independent tribunal if mediation doesn't resolve
Getting Support
Many families find it helpful to get advice from:
- SENDIASS — your local free, impartial support service (search "[your area] SENDIASS")
- IPSEA — independent legal advice for SEND
- SOS!SEN — charity providing SEND support and guidance
- Local parent carer forums — peer support from families who understand
For more detail on the appeals process, see our guide on SEND Tribunal appeals explained.
Gentle Next Steps (When You're Ready)
Talk to School
Request a meeting with the SENCO. Ask what SEN Support is in place, what's working, and whether they've considered an EHCP request.
Gather Evidence
Start collecting what you have — school communications, any professional reports, your own observations of daily impact.
Contact SENDIASS
Your local SENDIASS can help you understand your rights, prepare for meetings, and navigate the process — for free.
How to Talk to School Without Blame
Approaching conversations collaboratively often works better than conflict. You might say:
- "I'd like to understand what support is currently in place and whether we think it's meeting [child's] needs."
- "I've been reading about EHCPs and I'm wondering whether [child] might benefit from an assessment. What do you think?"
- "I'm seeing difficulties at home that might not be visible at school — can we talk about how to capture the full picture?"
If informal conversations don't lead anywhere, you can make a formal request directly to your local authority in writing — you don't need the school's permission.
When Alternative Provision Can Help
For some children — especially those with SEMH needs, anxiety, or trauma backgrounds — the traditional classroom environment may not be the right fit while needs are being assessed or after an EHCP is in place. Alternative provision can offer a different route back into learning.
For more on how we support transitions into education, that's a good place to explore.
🐴 About Changing Lives SEN Independent School
We support young people aged 11–18 who have found traditional education difficult — often due to anxiety, trauma, neurodivergence, or unmet SEMH needs. Our approach is relationship-based, small-group, and focused on regulation and readiness to learn. We work with families and local authorities throughout the EHCP process and beyond. Learn more about our admissions and referral process or book a visit.
Through Horses
Equine-assisted education within robust planning
Through Dogs
Engagement and routine through canine-assisted learning
Safeguarding First
Trauma-informed, transparent, family-focused
Note: We don't make medical or therapeutic claims. Our animal-assisted and outdoor learning approaches are educational programmes — part of a relationship-based model that aims to support engagement, regulation, and access to learning. Outcomes depend on individual needs, fit, and consistency.
Frequently Asked Questions
Common questions about EHCP eligibility, the legal test, and what to expect.
In England, the legal threshold to assess is whether a child or young person has, or may have, special educational needs (SEN) and may need special educational provision to be made through an Education, Health and Care (EHC) plan. The key point is that the law uses "may", because the assessment is the process that gathers evidence and clarifies needs.
A request can be made by a parent or carer, a young person (in their own right), or a school or setting. You do not need the school to agree before you ask, although it can help to work together where possible.
A diagnosis can be helpful evidence, but it is not always required to request an assessment. The focus is on the child's needs and whether they may require provision beyond what is normally available through SEN Support.
Yes. EHCP decisions should not be based on academic attainment alone. A child may be coping in lessons on the surface but still need significant, specialist support for communication, sensory regulation, emotional wellbeing, or access to school life.
It usually means that well-planned adjustments and interventions have been tried over time, but your child still needs support that is more frequent, more specialist, or more intensive than a mainstream school can reasonably provide from its usual resources.
Useful evidence often includes SEN Support plans and reviews, records of adjustments already tried, notes on impact (learning, wellbeing, behaviour-as-communication, sensory needs), attendance data, and reports from relevant professionals where available. The goal is to show lived impact and what has (and has not) helped.
There are statutory timescales (up to 20 weeks from request to final plan), but in practice families can experience delays. If timescales are missed, you can ask for updates in writing and request clear reasons. Keeping a timeline of key dates can help you stay organised and reduce stress.
If an assessment is refused, or an assessment happens but no plan is issued, the local authority should explain its decision. Parents and young people may have rights to challenge decisions, including routes such as mediation and appeal to the SEND Tribunal. Many families find it helpful to get advice from local SENDIASS or specialist charities like IPSEA.
They can be relevant where they create significant barriers to attendance, participation, or learning, and where your child may need additional or different educational provision to access education safely. The focus remains on educational impact and the support required in school.
For some children, a relationship-based alternative provision can reduce pressure, rebuild routines, and support re-engagement with learning. The right approach depends on the individual child, safeguarding arrangements, and a shared plan with families and professionals.
Questions About EHCPs or Provision?
If you'd like to talk about your child's needs, explore whether we might be a good fit, or simply ask questions — our team is here. No pressure, no jargon, just honest conversations.
