Emergency EHCP Applications: When Time Is Critical

Your child is in crisis. School is breaking down. They’re being excluded, self-harming, or experiencing daily meltdowns that leave everyone exhausted and traumatized. You know they need an Education, Health and Care Plan (EHCP), but the standard 20-week process feels impossibly distant when every day brings new challenges and your child’s mental health hangs in the balance.

While the EHCP process has statutory timelines, the reality is that some children cannot wait. When a child’s safety, wellbeing, or education is at immediate risk, there are steps you can take to expedite the process—though it’s important to understand both the possibilities and limitations of “emergency” EHCP applications.

This guide will walk you through when emergency applications are appropriate, how to advocate for urgent consideration, what to expect from the process, and what alternatives exist when the system cannot move fast enough.

Understanding “Emergency” in the EHCP Context

First, it’s important to understand that there is no official “emergency EHCP” category in UK law. The Children and Families Act 2014 sets out statutory timelines for all EHCP assessments: local authorities must complete the process within 20 weeks from the initial request to the final plan being issued.

However, the SEND Code of Practice does acknowledge that in exceptional circumstances, local authorities should prioritize cases where delay would be detrimental to the child. This means that while you cannot bypass the process entirely, you can make a compelling case for your application to be fast-tracked within the existing framework.

What qualifies as an emergency situation?

• Safeguarding concerns: Your child is at risk of serious harm, including self-harm, suicidal ideation, or significant mental health deterioration
• School placement breakdown: Your child is being repeatedly excluded, sent home early, or cannot access education at all
• Health crisis: A sudden deterioration in physical or mental health that requires immediate coordinated support
• Transition emergency: Unexpected change in circumstance (e.g., school closure, exclusion, family crisis) requiring immediate planning
• Complete educational breakdown: Your child is out of education entirely with no provision in place
• Risk of permanent exclusion: School has indicated they cannot meet your child’s needs without additional support

Step 1: Assess Whether Emergency Action Is Needed

Before pursuing an emergency EHCP application, honestly assess whether your situation truly requires urgent intervention. While every child’s needs are important, emergency processes are reserved for situations where waiting poses significant risk.

Questions to Ask Yourself

Critical Assessment Questions:

• Is my child in immediate danger or at risk of serious harm?
• Has there been a sudden, significant deterioration in their wellbeing or functioning?
• Is my child currently out of education with no provision in place?
• Are we facing imminent permanent exclusion?
• Has a professional (GP, CAMHS, educational psychologist) indicated that urgent action is needed?
• Have temporary measures (such as reduced timetables or interim support) been exhausted or proven inadequate?

If you answered yes to multiple questions, an emergency approach may be warranted.

Step 2: Gather Emergency Evidence

In an emergency situation, you still need evidence, but you must gather it quickly. The quality and urgency of your evidence will determine whether the local authority prioritizes your case.

Critical Evidence to Collect Immediately

Emergency Evidence Package:

• Medical Evidence: Letters from GP, pediatrician, or CAMHS describing the urgency of the situation and deterioration in your child’s health or wellbeing
• School Evidence: Incident logs, exclusion letters, correspondence from the school indicating they cannot meet your child’s needs, attendance records showing breakdown
• Safeguarding Evidence: Any involvement from social services, referrals to CAMHS, crisis team involvement, or hospital admissions
• Parent Statement: A detailed, timestamped account of the crisis, including specific incidents, dates, and the impact on your child and family
• Professional Reports: Any existing reports from educational psychologists, speech and language therapists, occupational therapists, or other specialists
• Photographic/Video Evidence: If appropriate and safe, evidence of self-harm, meltdowns, or distress (ensure this is handled sensitively)

This is where Tediverse becomes invaluable in crisis situations. Our Daily Tracking Suite allows you to create detailed, timestamped logs of incidents, meltdowns, and behaviors. In emergency situations, this data provides concrete evidence of the urgency and severity of your child’s needs—evidence that can make the difference between a standard timeline and expedited consideration.

Step 3: Submit an Urgent EHCP Request

When submitting your request for an EHC needs assessment, you need to make the urgency absolutely clear from the first paragraph. Don’t assume the local authority will infer urgency from your evidence—state it explicitly.

How to Write an Emergency Request Letter

Key Elements of an Emergency Request:

• Clear subject line: “URGENT: Request for Emergency EHC Needs Assessment - [Child’s Name]”
• Opening statement: Immediately state this is an emergency situation and why waiting is not possible
• Current crisis description: Detail the specific circumstances creating the emergency (e.g., “My child has been out of school for 6 weeks following repeated exclusions and a mental health crisis requiring CAMHS intervention”)
• Risk if delay occurs: Clearly articulate what harm or deterioration will occur if the process follows standard timelines
• Professional support: Reference any professionals who have indicated urgency (GP, CAMHS, school SENCO)
• Immediate actions taken: Show you’ve exhausted other options (temporary support, GP visits, school meetings)
• Request for expedited timeline: Explicitly ask for the assessment to be prioritized and fast-tracked

Where to Send Your Request

Send your emergency request to multiple recipients to ensure it’s seen by the right people:

Send your request to:

• Your local authority’s SEN team (main contact)
• The SEN team manager or head of service
• The local authority’s safeguarding team (if relevant)
• Your child’s school SENCO (copy them in)
• Any professionals working with your child (educational psychologist, social worker)

Method: Send via email with read receipt AND follow up with a phone call within 24 hours to ensure it’s been received and flagged as urgent.

Step 4: Follow Up Aggressively

In emergency situations, you cannot afford to wait passively for a response. Advocate actively and persistently.

Escalation Timeline

Follow-up Strategy:

• Within 24 hours: Phone call to confirm receipt and urgency has been noted
• Within 48 hours: Email to SEN team manager if no substantive response received
• Within 1 week: Formal complaint to the local authority if no decision on assessment request
• Within 2 weeks: Contact your local councillor and MP with your concerns
• Ongoing: Weekly follow-ups until assessment decision is made

Remember: The local authority must acknowledge your request within 15 working days and tell you whether they will carry out an assessment. In emergency situations, if they refuse or delay beyond this timeframe, you have grounds for immediate complaint and mediation.

What to Expect: Realistic Timelines

It’s important to have realistic expectations. Even in genuine emergency situations, local authorities face significant resource constraints and legal obligations. Here’s what “fast-tracked” typically means in practice:

Realistic Emergency Timelines:

• Decision on assessment: 1-2 weeks (instead of up to 6 weeks)
• Gathering advice: 4-8 weeks (instead of up to 6 weeks)
• Decision to issue plan: 8-12 weeks (instead of up to 16 weeks)
• Final plan: 12-16 weeks (instead of up to 20 weeks)

Best-case scenario: A truly urgent case might be completed in 12 weeks. Even with fast-tracking, you’re still looking at a minimum of 8-12 weeks from request to final plan.

Alternative and Interim Measures

Because even “emergency” EHCP processes take weeks or months, you must simultaneously pursue interim support to keep your child safe and accessing education in the meantime.

Immediate Actions to Take Alongside EHCP Request

Parallel Support Strategies:

• Emergency school meeting: Request an immediate meeting with the school to discuss interim support (reduced timetable, temporary TA support, quiet space access)
• GP/CAMHS referral: Ensure your child is receiving mental health support; CAMHS can sometimes fast-track in crisis situations
• Social care assessment: If your child’s needs are impacting family functioning, request a Child in Need assessment or Early Help assessment
• Alternative provision: Ask the local authority about temporary alternative provision (Pupil Referral Unit, home tuition, or online school) while the EHCP is being processed
• Respite care: If the situation is affecting family wellbeing, ask about short breaks or respite support through social care
• Interim SEN support: Request that the school immediately implements SEN support under the graduated approach while awaiting the EHCP

When the System Fails: Legal Options

If your local authority refuses to assess, delays unreasonably, or fails to provide interim support despite a clear emergency, you have legal options.

Legal Routes in Emergency Situations

Escalation Options:

• Formal Complaint: Submit a formal complaint through the local authority’s complaints procedure (this is often required before legal action)
• Mediation: Request mediation through the local authority’s mediation service (though this is optional for refusal to assess cases)
• SEND Tribunal Appeal: If the LA refuses to assess or issue an EHCP, you can appeal to the First-tier Tribunal (SEND). Tribunal can take 6-12 months, but the process itself can sometimes motivate LAs to act
• Judicial Review: In extreme cases where the LA has acted unlawfully or irrationally, judicial review may be an option (requires legal advice)
• Local Government Ombudsman: Complaint about maladministration, delay, or failure to follow procedures
• MP Intervention: Contact your MP with detailed evidence; they can raise your case with the LA or in Parliament

Important: Seek legal advice for emergency situations. Organizations like IPSEA (Independent Provider of Special Education Advice), SOS!SEN, and SEND National Crisis offer free advice and support for families in crisis.

Managing Your Own Wellbeing During Crisis

Fighting for emergency support while managing a child in crisis is exhausting. It’s essential to look after yourself during this period.

Self-Care During Educational Crisis:

• Accept help: Lean on family, friends, or parent support groups. You cannot do this alone.
• Communicate with employer: If you’re working, inform your employer about the situation. You may need flexible working or time off for meetings.
• Set boundaries: You cannot fight every battle every day. Prioritize the most urgent actions and allow yourself to step back when needed.
• Document everything: Keep detailed records so you don’t have to rely on memory during this stressful time. Tediverse can help you maintain these records without added mental load.
• Seek support: Consider counseling or support groups for parents of children with SEND. The stress of these situations can lead to burnout or mental health difficulties.

For more strategies on managing stress during the EHCP process, read our guide on Burnout Prevention for SEN Parents.

Final Thoughts: You Are Not Alone

Emergency EHCP situations are some of the most stressful experiences a family can face. The combination of watching your child struggle, fighting bureaucracy, and feeling like time is running out creates overwhelming pressure.

Remember: the fact that you’re reading this guide shows you’re doing everything you can for your child. You are advocating, researching, and fighting for their rights. That matters, even when the system feels impossibly slow.

While there are no guarantees in emergency EHCP situations, persistent advocacy, strong evidence, and strategic escalation give you the best chance of getting your child the urgent support they need. Keep pushing, keep documenting, and don’t give up.

The system should work better for families in crisis. Until it does, we must advocate louder, document more thoroughly, and support each other through these impossible situations.

Related Resources

• EHCP Application Guide: Complete UK Process
• School Placement Appeals: Fighting for the Right Environment
• SEN Parent Burnout: Prevention Strategies & Self-Care Guide
• School Anxiety & Re-engagement: Complete Guide for UK Parents