Template Letters

Legally-informed letter templates for each stage of the EHCP process. Customise with your details before sending.

These templates are independent and informed by publicly available statutory guidance. For IPSEA's authoritative model letters, written by their legal team, see ipsea.org.uk/model-letters. For complex cases, contact IPSEA, SOS!SEN, or your local SENDIASS.

Getting your assessment

Request for EHC Needs Assessment

request assessment
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Use this letter to formally request that your Local Authority carries out an EHC needs assessment for your child. You have the right to make this request under section 36(1) of the Children and Families Act 2014.

What this letter is for
  • You can ask for an EHC needs assessment yourself; you do not need the school's permission or an educational psychologist's report first.
  • Use it when your child's special educational needs are not being met by the support the school normally provides.
  • The LA usually has 6 weeks from receiving your request to decide whether to assess. It should write to tell you its decision.
  • If the LA says no, you can ask it to reconsider and you have a right to appeal to the Tribunal.
Children and Families Act 2014, Section 36(1) (s.36(1)) Children and Families Act 2014, Section 36(8) (s.36(8)) Children and Families Act 2014, Section 51(2)(a) (s.51(2)(a)) SEND Code of Practice 2015, Chapter 9.8

Response to Refusal to Assess

assessment decision
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Use this letter if the Local Authority has refused to carry out an EHC needs assessment. You have a statutory right to challenge this decision.

What this letter is for
  • Use it after the LA has told you it will not carry out an EHC needs assessment.
  • It asks the LA to think again and explains why you disagree, so keep the LA's refusal letter to hand.
  • Asking the LA to reconsider does not stop you appealing to the Tribunal, but appeal time limits still run, so keep an eye on the date of the decision.
  • Free help is available from IPSEA, SOS!SEN and your local SENDIASS.
Children and Families Act 2014, Section 36(3) Children and Families Act 2014, Section 36(8) Children and Families Act 2014, Section 51(2)(a) Children and Families Act 2014, Section 55 (s.55) SEND Code of Practice 2015, Chapter 9.16-9.19

Request a social-care assessment (s.17 Children Act 1989)

initial concerns
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Use this letter to ask the Local Authority's children's social care team (sometimes called the Disabled Children's Team) to carry out a Children Act 1989 s.17 assessment. The findings underpin Section D (social-care needs) and Section H1/H2 (social-care provision) of the EHC plan, both of which are frequently left blank where no s.17 assessment has been done.

What this letter is for
  • Use it to ask children's social care to assess your child's needs, separate from the education assessment.
  • The findings can feed into the social care parts of an EHC plan, so ask for it as early as you can.
  • The LA should tell you whether it will assess. Ask in writing so there is a record.
  • If you are refused, you can ask for the reasons and make a complaint.
Children Act 1989, s.17 Chronically Sick and Disabled Persons Act 1970, s.2 Working Together to Safeguard Children 2018 SEND Code of Practice 2015, Chapter 10

Ask the LA to arrange education (s.19)

initial concerns
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Use this letter to ask the Local Authority to arrange suitable education for your child while they are not attending school. Section 19 of the Education Act 1996 puts a duty on the LA to arrange suitable education for children of compulsory school age who, because of illness, exclusion or otherwise, may not receive it unless the LA makes arrangements.

What this letter is for
  • This is separate from the EHC needs assessment. You do not need an EHC plan to ask.
  • Use it when your child is not attending school and has no education arranged, for example after an exclusion, with no school place, or because they are too unwell to attend.
  • Put the date your child stopped attending and the reason in the letter, and choose a date you would like a reply by.
  • If the LA does not reply or does not arrange suitable education, families often ask a solicitor to send a pre-action letter, which is the usual first step towards judicial review. IPSEA, SOS!SEN and your local SENDIASS can explain your options. This is general information, not legal advice.
Education Act 1996, s.19 SEND Code of Practice 2015, Chapter 10.39-10.40 and 10.47 Arranging education for children who cannot attend school because of health needs (DfE statutory guidance)

Assessment underway

Comments on Draft EHCP

draft ehcp
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Use this letter to submit your comments on the draft EHC plan. You have at least 15 calendar days to respond. Focus on ensuring Section B (needs) is comprehensive and Section F (provision) is specific and quantified.

What this letter is for
  • Use it once the LA has sent you a draft EHC plan and before it is made final.
  • It lets you set out in writing what you want changed, for example more detail on your child's needs or provision that is specific and measurable.
  • You usually have at least 15 days from receiving the draft to comment and to ask for a particular school.
  • Send it by email so you have a dated record, and keep a copy.
Children and Families Act 2014, Section 38(2) SEND Regulations 2014, Regulation 13 (reg. 13) SEND Code of Practice 2015, Chapter 9.118-9.123

Annual review

Request for Annual Review

annual review
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Use this letter to request an annual review of your child's EHC plan, or to raise concerns that trigger an early review under reg. 20 of the SEND Regulations 2014.

What this letter is for
  • An EHC plan must be reviewed at least every 12 months. Use this letter if no review has been arranged, or to ask for one earlier.
  • You can ask for an earlier review if your child's needs or circumstances have changed or the plan is not working.
  • After a review the LA must decide whether to keep, change or end the plan and tell you its decision.
  • If you disagree with that decision you may have a right of appeal.
Children and Families Act 2014, Section 44(1) SEND Regulations 2014, Regulation 18 (reg. 18) SEND Regulations 2014, Regulation 20 (reg. 20) SEND Code of Practice 2015, Chapter 9.166-9.173

Any stage

Formal Complaint to Local Authority

appeal
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Use this letter to make a formal complaint if the LA has failed to meet statutory deadlines or follow proper procedures. Step 1 is the LA's own complaints procedure; once it is exhausted you can escalate to the Local Government and Social Care Ombudsman (LGSCO).

What this letter is for
  • A formal complaint is a way to tell the LA it has not done something it should have, for example not arranging an assessment or report you reasonably asked for, or missing a deadline.
  • Start by writing to the LA. Its own complaints process comes first. It usually works in stages: stage 1 is a response from the service, and stage 2 is a review of that response by someone more senior. Check your LA's complaints page for its exact steps and timescales.
  • If you are not happy once the LA's process has finished, you can take the complaint to the Local Government and Social Care Ombudsman (LGSCO), which is free and independent of the LA.
  • If the LA offers something to put things right early on, you can accept it. Accepting an early offer does not stop you taking the complaint further if the problem is not fixed.
  • A complaint is separate from an appeal to the Tribunal and does not usually pause Tribunal time limits. This page is general information, not legal advice.
Children and Families Act 2014, various sections SEND Regulations 2014 ⓘ SEND Code of Practice 2015, Chapter 11 Local Government Act 1974 (LGSCO)

Request evidence from a professional

appeal
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Use this letter to ask a professional, school or clinic to put what they know about your child in writing — for example to confirm how much support they actually provide, or to send you a copy of a report they hold.

What this letter is for
  • Use it to ask a school, clinic or professional for a written record of what they know about your child or what support they provide.
  • Written evidence strengthens a request for an assessment, your comments on a draft plan or an appeal.
  • For a copy of the information an organisation holds about your child, you can also make a data access request.
  • Keep copies of what you send and receive.
SEND Code of Practice 2015, Chapter 9 UK GDPR, Article 15 (right of access)

Tribunal Appeal Registration

appeal
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Guidance for registering an appeal with the First-tier Tribunal (SEND). Appeals must be registered within 2 months of the decision being appealed, or 1 month after receiving a mediation certificate, whichever is later.

What this letter is for
  • This is guidance for registering an appeal with the First-tier Tribunal (SEND) after a decision you disagree with, such as a refusal to assess or the content of a final EHC plan.
  • In most cases you must first contact a mediation adviser, who gives you a certificate. You do not have to take part in mediation itself.
  • Check the time limit carefully, as appeals registered late may not be heard.
  • Free help is available from IPSEA, SOS!SEN and your local SENDIASS.
Children and Families Act 2014, Section 51 Children and Families Act 2014, Section 55 (mediation) SEND Code of Practice 2015, Chapter 11.39-11.45 Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008