Many parents are told the same thing when they raise concerns about their child’s needs:
“School doesn’t think they need an EHCP.”
“Let’s wait and see.”
“They’re coping in class.”
What most families are not told is this:
👉 Schools do not have the final say.
Under Section 36 of the Children and Families Act 2014, parents (and young people over 16) have a legal right to request an Education, Health and Care (EHC) needs assessment directly from the Local Authority.
You do not need school permission.
What Is Section 36?
Section 36 is the part of SEND law that gives parents the right to formally ask the Local Authority (LA) to assess their child’s special educational needs.
It exists so that children are not denied support simply because:
- a school disagrees
- a child is masking
- behaviour is misunderstood
- attendance is poor
- budgets are tight
If a child has or may have SEND, and those needs are impacting education, the LA must consider your request.
You Do NOT Need School Approval
This is where many families get stuck.
You do not need:
- The school’s agreement
- A SENCo to apply for you
- A diagnosis
- Evidence that school has “tried everything”
Schools can provide evidence, but they do not decide whether an assessment happens.
That decision belongs to the Local Authority.
What If School Says “They’re Fine Here”?
This is one of the most common barriers.
A child being “fine” in school does not mean they do not have SEND.
Many children:
- mask all day
- comply at the cost of mental health
- melt down at home
- become anxious, exhausted, or dysregulated
SEND law looks at need, not appearances.
Home behaviour, emotional distress, physical symptoms, and parental evidence all count.
What Happens After You Request an Assessment?
Once the Local Authority receives your request, they have:
🗓 6 weeks to decide whether to assess.
If they agree:
- A full EHC needs assessment begins
- Professionals may be asked for reports
- Your child’s needs across education, health and care are considered
If they refuse:
- They must give reasons in writing
- You have the right to appeal to the SEND Tribunal
Refusal is not the end of the road.
What If Your Child Isn’t in School?
This is crucial.
A child does not need to be attending school to request an EHCP assessment.
In fact, children who are out of school due to:
- anxiety
- EBSA
- unmet SEND
- trauma
- mental health needs
often need EHCP protection most.
Attendance does not cancel your legal rights.
Why Parents Starting the Process Matters
Many families wait years because they’re told:
- “school doesn’t support it”
- “they’re too young”
- “they’ll grow out of it”
- “we’ll review next term”
Section 36 exists to stop children falling through the cracks.
If you know something isn’t right — trust that instinct.
Key Takeaway
Schools do not have the final say.
Parents have the legal right to ask.
If your child is struggling and support isn’t in place, Section 36 gives you the power to act.
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