EHCPs Are Only for State-School Pupils
Parents can understandably assume that choosing independent education means the EHCP system no longer applies.
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Can You Apply for an EHCP if Your Child Is in an Independent School?
Parents often assume that Education, Health and Care Plans (EHCPs) only apply to children in state schools. A common concern we hear is whether it is possible to apply for an EHCP if a child is already attending an independent school.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, answers this question directly and explains what parents need to know.
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Book on EventbriteCan You Apply for an EHCP if Your Child Attends an Independent School?
Beverley Watkins explains why attending an independent school does not prevent parents from requesting an EHC needs assessment and why the child’s needs, rather than the type of school, are the key issue.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
The Short Answer: Yes
Independent-School Pupils Can Still Have an EHCP
Parents can request an Education, Health and Care needs assessment even where their child is already attending an independent school.
Beverley explains that being educated outside the state system does not prevent a child from having special educational needs assessed or from having an EHCP in place.
If an EHCP is issued, it may mean that the local authority becomes responsible for securing the additional support the child needs. In some cases, this can include funding support or, depending on the circumstances, contributing towards or paying the independent school fees.
For parents whose children are already in independent education, this can be an important and often misunderstood point.
Do Not Be Put Off From Applying
Beverley stresses that parents should not be discouraged from applying for an EHC needs assessment simply because their child attends an independent school.
The key issue is not the type of school, but whether the child has special educational needs that require support beyond what the school can reasonably provide on its own.
Each case will depend on the child’s individual needs and the evidence available, but independent school placement does not prevent the EHCP process from applying.
Why This Matters for Families
Many parents choose independent education because their child’s needs are not being met elsewhere, often at significant personal cost. Understanding that an EHCP may still be available can be crucial in ensuring that a child receives appropriate support and that funding responsibilities are properly considered.
Applying for an EHC needs assessment can also provide clarity about a child’s needs and what provision should be in place, regardless of school setting.
Support for Parents Considering an EHCP
Our Education Law team regularly advises parents whose children attend independent schools on:
Whether to Request an Assessment
Advice can help parents consider whether an EHC needs assessment should be requested based on their child’s needs and circumstances.
Evidence for the Application
We can help parents understand what evidence may be relevant when making or supporting a request for assessment.
Support and Funding Responsibilities
Advice can help clarify the local authority’s potential responsibilities for provision and funding where an EHCP is issued.
Assessments, Amendments and Appeals
Our team supports families through EHCP assessment, amendment and appeal issues where disagreements arise.
We focus on giving clear advice so parents understand their options and the likely next steps.
Considering an EHCP for a Child in an Independent School?
If you are considering applying for an EHCP for a child in independent education, or would like advice about assessments, support or funding, our specialist Education Law team can advise on the options available.
Watch the Video and Get Support
The video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you are considering applying for an EHCP for a child in an independent school, or would like advice about assessments, support or funding, our specialist Education Law team is here to help.
You can contact us by emailing educationdept@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.
Education Law TikTok
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.