EHCP Myth Busters: What You Really Need to Know

When families start the process of requesting an Education, Health and Care (EHC) needs assessment, there’s often confusion about what the law actually says. A lot of Local Authorities (LAs) use their own internal criteria — but some of these are not legal requirements. Here’s the truth behind the most common myths.

What is the Legal Test?

Under the Children and Families Act 2014 and the SEND Code of Practice, a Local Authority must agree to carry out an EHC needs assessment if:

the child has or may have Special Educational Needs (SEN) and
they may need special educational provision through an EHC plan.

This is the only legal test — not the additional criteria some councils suggest.

Myth 1 — You need a diagnosis to get an EHCP assessment

Truth:

No — a formal diagnosis is not required to request or trigger an EHC needs assessment. The only legal requirement is that there is evidence the child has or may have SEN and may need an EHC plan.

Having a diagnosis can help explain needs, but the LA cannot refuse an assessment just because there isn’t one.

Myth 2 — Your child must be academically behind

Truth:

This is not part of the legal test. An EHC needs assessment can be requested regardless of whether a child is below age-related expectations. What matters is that they may have SEN and may need special provision, not how they perform on tests.

Myth 3 — You need 3 terms of Assess, Plan, Do, Review first

Truth:

There is no statutory requirement to complete a set number of graduated response cycles before asking for an assessment. A Local Authority must base its decision on the legal test — not on how many terms of support have taken place.

Myth 4 — A school must spend their £6,000 SEN budget before considering an EHCP

Truth:

Although it’s good practice for schools to put reasonable adjustments in place, there is no legal rule that says the £6,000 must be spent first before an assessment is agreed. This is an example of a council policy that goes beyond the law.

Myth 5 — You must prove the school can’t meet the needs

Truth:

The law doesn’t require evidence that the school fails to meet needs before an assessment. The test is about whether the child may need special provision through an EHC plan — not whether the school has already failed.

Myth 6 — You must use the Local Authority’s form to apply

Truth:

A request for an assessment can be made in any written form — letter, email, or standard form — as long as it clearly says why you believe the legal test is met. An LA cannot legally reject an application just because you didn’t use their preferred form.

Bottom Line

The only statutory criteria for an EHC needs assessment are that the child:

Has or may have SEN
May need special educational provision via an EHC plan

Anything added by a council — like diagnostic requirements, budget spend levels, or fixed numbers of support cycles — is not part of the legal test and should not be used to refuse an assessment.

Want More Help?

Victoria Kerr, our SEND Advisor is here to help you. She offers a free 30-minute consultation to discuss your unique situation and support you with your next steps.

Want More Help?

IPSEA provides free, legally based advice, templates and guides for families going through this process: IPSEA – Asking for an EHC needs assessment (legal thresholds and what LAs must consider)