Many parents assume that getting an Education, Health and Care Plan means hiring a solicitor. It doesn’t. You can ask the council for an assessment yourself, it costs nothing, and if the answer is no, you can appeal without a lawyer. What decides most cases isn’t legal argument. It’s evidence: a clear, specific picture of what your child needs and why the support they have isn’t enough. Here’s how the process works, and how to build that evidence.
You can do this yourself, and it’s free
- You can make the request. Parents have a specific legal right to ask the council for an EHC needs assessment. You don’t need the school’s agreement, and there’s no fee. In Kent, you request it through the council’s online form.
- Your child doesn’t need a diagnosis. The legal test is whether your child has or may have special educational needs, and may need support set out in an EHC plan. The government’s independent Fonagy review, published in October 2026, put it plainly: “There is no legal requirement for a diagnosis in order to access an EHCP.” What the Fonagy review means for you →
- The council has to decide within 6 weeks whether to assess. If it assesses and issues a plan, the whole process should take no more than 20 weeks from your request.
- If the council says no, you can appeal for free. Appealing to the SEND Tribunal costs nothing, and you don’t need a lawyer to do it. Before most appeals you need a certificate from a mediation adviser. You don’t have to go to mediation, but you do need to speak to the adviser first.
- Free, independent advice is there if you want it. In Kent, IASK (Information, Advice and Support Kent) can talk you through each step. The national charity IPSEA publishes free template letters, including one for requesting an assessment.
The cost of requesting an EHC needs assessment, and of appealing to the SEND Tribunal if the council says no.
What the council actually looks at
When a council decides whether to assess, the SEND Code of Practice tells it to consider whether there is evidence that, despite the school taking “relevant and purposeful action”, your child “has not made expected progress” (para 9.14). It tells councils to pay particular attention to:
- Attainment and progress: “evidence of the child or young person’s academic attainment … and rate of progress”
- The needs themselves: “information about the nature, extent and context of the child or young person’s SEN”
- What school has done: “evidence of the action already being taken” by the school to meet those needs
- Support propping up progress: evidence that any progress “has only been as the result of much additional intervention and support over and above that which is usually provided”
- The whole child: “evidence of the child or young person’s physical, emotional and social development and health needs”
This is where requests often stall. School data might say your child is “working towards” the expected standard, without saying why. A parent’s account of what happens at home can be set aside if your child holds it together in class. And a request that says “we think our child needs more help” gives the council very little to work with. The Fonagy review found that families “are not always believed when a child appears to be coping in school”. Clear, independent evidence changes that. When school says your child is fine →
How an Achieving & Thriving Gap Analysis builds the evidence
Our Gap Analysis Assessment is an independent educational assessment of your child. It’s built to answer the questions the council will ask.
| What the council considers | What the Gap Analysis gives you |
|---|---|
| Attainment and rate of progress | Where your child is working against national curriculum expectations in English and maths, and the precise gaps |
| The nature and extent of their needs | Indicators of SEND across ADHD, autism, dyslexia, processing, and speech and language, with processing and working memory assessed alongside |
| What’s getting in the way | The barriers to learning behind the gaps, so the council can see why progress isn’t happening, not just that it isn’t |
| What the school is doing, and should be doing | With our School Liaison Service, a provision map for the class teacher and SENCO: clear strategies, and a baseline to measure whether they work |
Once an assessment starts, your evidence has to be used. The law says the council must “consider any information provided” by you or at your request, and it must give copies of evidence you’ve submitted to the professionals it asks for advice, including the educational psychologist (SEND Regulations 2014, regs 6 and 7). So a clear report doesn’t just help you get an assessment. It shapes what the professionals see.
A simple plan
- Get a clear picture of your child’s needs. A Gap Analysis gives you the evidence in a written report.
- Share it with the school’s SENCO. Ask for SEN Support built around it: assess, plan, do, review, with a date to check progress. That’s the “relevant and purposeful action” the council will look for.
- Keep a record. What’s been tried, for how long, and what changed. Notes from meetings, emails and reports all count.
- If your child still isn’t making expected progress, request the assessment yourself. Include the report and your records. IASK can help you word the request.
- If the council refuses, get advice before you appeal. You’ll need to speak to a mediation adviser first, and the same evidence carries into an appeal. Read: 99% of EHCP appeals succeed at tribunal →
Not sure whether your child’s needs would meet the threshold for an EHC needs assessment? A free 15-minute call is a good place to start.
Book a Free 15-Minute CallWhere Education With Lauren fits in
We give families the evidence. We don’t give legal advice or represent families at tribunal, and you don’t need us, or anyone else, to make the request for you.
- Achieving & Thriving Gap Analysis — an independent picture of your child’s attainment, learning gaps, processing and barriers to learning, with indicators of SEND needs. A written report, structured to support an EHCP request or appeal.
- Achieving & Thriving Gap Analysis with School Liaison Service — everything in the Gap Analysis, plus a provision map the class teacher and SENCO can act on straight away.
- Private EHCP Report — for families whose school evidence is missing or thin: a detailed report by a qualified SEND specialist, written to support an EHC needs assessment request that you submit yourself.
“…The detail and advice that Lauren provides in her report goes above and beyond and has left me feeling supported in a way that I haven’t before as we take the next steps in helping my daughter…”
“Wow! Lauren is amazing. We had our GAP Analysis assessent and not only did she spot things that were constantly being brushed off as “normal” She listened to me as a parent. my child is struggling and Lauren see straight through the mask…”
A solicitor can argue the law. But an EHCP is won or lost on evidence of what your child needs.
Lauren is the founder of Education With Lauren, a qualified teacher and SEND specialist with 16 years’ experience across mainstream schools, Kent County Council provisions and specialist settings. She holds a BA (Hons) in Primary Education with QTS (SpLD, Needs and Inclusion) and an MSc in Neuroscience and Brain Cognition, and is an approved education supplier to Kent County Council.
Frequently asked questions
Do I need a solicitor to get an EHCP?
No. Parents can request an EHC needs assessment themselves, for free, and appeal to the SEND Tribunal without a lawyer. Some families choose legal advice for complex cases, but it isn’t required. Free, independent advice is available from IASK in Kent and from national charities such as IPSEA.
Can I request an EHC needs assessment without the school?
Yes. Parents can make the request directly to the council. The school doesn’t have to agree first, although the council will ask the school for information.
Does my child need a diagnosis to get an EHCP?
No. The legal test is about your child’s special educational needs and the support they may need, not a diagnostic label.
Will a Gap Analysis guarantee an EHC needs assessment or plan?
No. The decision is the council’s. A Gap Analysis gives you clear, independent evidence of your child’s needs to include with your request, or to use in an appeal.
Does it cost anything to appeal to the SEND Tribunal?
No. There’s no fee to appeal. Before most appeals you need a certificate from a mediation adviser, but you don’t have to go to mediation itself.
This article is general information for parents. It is not legal advice. Education With Lauren provides educational assessment and reports; we do not provide legal advice or represent families at tribunal.
Sources
- Children and Families Act 2014, section 36 (who can request an EHC needs assessment, and the test) and section 55 (mediation before appeals)
- The Special Educational Needs and Disability Regulations 2014: reg 5 (6-week decision), reg 6 (advice the council must seek, including from an educational psychologist, and sharing the parent’s evidence), reg 7 (information from the parent must be considered), reg 13 (20-week timescale)
- Department for Education & Department of Health, SEND Code of Practice: 0 to 25 years (2015), paras 9.8 and 9.14
- Fonagy, P. (Chair), Independent review into prevalence and support for mental health conditions, ADHD and autism: final report (October 2026), Chapter 13
- Kent County Council, Request an education, health and care needs assessment
- KIDS SENDIASS, Appealing to the SEND Tribunal: “Appealing to the Tribunal itself is free” and “you do not need a lawyer to appeal”
- IASK (Information, Advice and Support Kent); IPSEA, Template letter 1: making a request for an EHC needs assessment