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Your EHCP
Case-Building Checklist

A practical starting point for families in England. Understand the assessment test, organise useful evidence and check the next steps after a refusal. Start with what you have — not a perfect bundle.

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No email required Four printable pages By Stephen Mallett Updated 2 November 2026
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Your EHCP Case-Building Checklist

Six short sections explain assessment requests, examples of supporting evidence, parent and child views, and the difference between refusal to assess and refusal to issue an EHCP. There is space to note observations and important dates.

These are examples to help you organise your thoughts, not compulsory evidence requirements. You do not need a diagnosis, two years of records, a 14-day log or a private assessment before requesting an assessment.

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General guidance for England, not individual legal advice or a guarantee of assessment, an EHCP or appeal success.

What the checklist covers

The assessment test — Both parts of section 36(8), including what “may” means at this stage.

Educational evidence — Relevant school records, support actually provided and its impact.

Home experiences and health — Optional factual observations, existing reports and the distinction between educational and health provision.

Parent and child voice — Strengths, difficulties and genuine views, without pressure to exaggerate or film distress.

Requesting an assessment — A parent can request directly; school agreement is not required. The normal decision period is six weeks, with limited statutory exceptions.

Refusal next steps — Different decisions, mediation consideration and the later-of-two-dates appeal deadline, with links to current forms.

Inside the Checklist

Six sections to help you find your next step

Use the parts relevant to your situation. This short guide is a starting point, not a substitute for advice about an individual case or deadline.

Section 1

Understand the assessment test

The LA must assess if, after considering views and evidence, it is of the opinion that the child has or may have SEN and provision through an EHCP may be necessary. Assessment is not proof that a plan is definitely needed.

Section 2

Gather educational evidence

Choose useful progress records, support plans or work samples you already have. Explain what support happens, whether it helps and what remains difficult. None of these documents is a compulsory precondition.

Section 3

Describe home experiences and health needs

Record observations without assuming a cause. Include relevant existing reports. Section F contains special educational provision; sensory support or therapy is not automatically health provision.

Section 4

Include parent and child views

Share what matters to your child and what helps them. Use their genuine words, drawings, symbols or supported choices, and distinguish their views from your interpretation. Do not stage or film distress.

Section 5

Make and track the request

Write to your home LA, explain both parts of the test and keep proof of receipt. School agreement and a particular LA form are not required. Record the normal six-week decision date; limited exceptions can apply.

Section 6

Identify the refusal and protect the deadline

Refusal to assess and refusal to issue are different. For these appeals, consider mediation and obtain a certificate; attendance is optional. A complaint or request for reconsideration does not pause the appeal deadline.

Refusal appeal deadline: the Tribunal must normally receive the appeal by the later of two calendar months from the date on the LA decision letter or one month from the date on the mediation certificate. Contact the mediation adviser within two months of the decision letter. Check current GOV.UK forms and submission instructions and IPSEA's detailed deadline guidance, including holiday rules. Do not assume every appeal can be submitted online or that a late appeal will be accepted.

Sources checked 2 November 2026: Children and Families Act 2014, section 36; SEND Regulations, regulation 5; IPSEA on assessment requests, issuing a plan, mediation and Section F provision. The PDF includes the source list.

Common Questions

What you do — and do not — need to request an assessment

Local evidence checklists can be useful, but they cannot replace the legal test.

A common misunderstanding

“My child must be two years behind.”

What the guidance says

There is no fixed academic gap in the assessment test. Explain educational needs, access to learning and the support needed, including where progress depends on substantial extra help.

A common misunderstanding

“Distress after school proves masking.”

A careful approach

Distress can have several explanations. Describe what you and your child observe, how experiences differ between settings and what helps. Do not assume a diagnosis or film distress to prove a point.

A common misunderstanding

“School must spend £6,000 and agree first.”

What the guidance says

A particular school spend is not part of the assessment test. Parents can request directly from their home LA without school agreement. Working with the school may still help.

A common misunderstanding

“I need a diagnosis or private assessment.”

What the guidance says

The test includes “has or may have” SEN. A diagnosis or private assessment is not required before requesting an assessment. Relevant existing evidence can help explain the needs.

Would a conversation help you choose your next step?

Book a free 30-minute consultation with Stephen. It includes a written next-step summary, normally 1–2 pages, based only on the conversation.

This is not a document audit or review, letter-writing service, appeal-grounds service, merits assessment, deadline check or deadline-sensitive casework. The free offer does not transfer responsibility for monitoring or meeting deadlines to Stephen.

Book a Free 30-Minute Consultation

If a deadline is close, seek prompt advice rather than waiting for an appointment. Independent information and free model letters are available from IPSEA; your local SENDIASS can also help. No purchase is needed to use this checklist.

SM
Stephen Mallett
Former teacher, SENCo & Headteacher
SEND Consultant

School experience, with a parent's perspective

Stephen's stated experience is 25 years as a teacher, SENCo and Headteacher. He also parents two children with special educational needs.

This checklist brings that practical perspective to organising information and understanding the assessment process. It does not promise an assessment, a particular plan or a successful appeal.

Stephen is a SEND consultant, not a solicitor. This resource is general guidance for England, updated 2 November 2026; seek appropriate individual advice where needed.

Teacher, SENCo & Headteacher 25 years' stated experience Parent of two children with SEN