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.

@watkinssolicitors.sen Many parents believe that Education, Health and Care Plans only apply to children in state schools. If your child attends an independent school, you may be unsure whether the EHCP process still applies to you. In our latest Education Law TikTok video, Beverley Watkins, Managing Partner at Watkins Solicitors, answers a parent question about whether you can apply for an EHCP when your child is already in independent education. Watch the video here: https://www.tiktok.com/@watkinssolicitors.sen Beverley explains that parents can still request an EHC needs assessment regardless of the type of school their child attends. In some cases, an EHCP may mean that the local authority becomes responsible for securing additional support, and in certain circumstances, contributing towards funding. This video is part of our Education Law TikTok channel, created to answer real questions from parents and carers navigating EHCP assessments, amendments and appeals. If you are considering applying for an EHCP for a child in an independent school, or you would like advice about support, funding or next steps, our specialist Education Law team is here to help. You can contact us at educationdept@watkinssolicitors.co.uk or call 0117 939 0350. #SEND #EHCP #EducationLaw #IndependentSchools #WatkinsSolicitors ♬ original sound - Watkins Solicitors - SEND

The short answer: yes

Beverley explains that parents can apply for an Education, Health and Care needs assessment even if their child is in an independent school. 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 an EHC needs assessment should be requested
• Evidence needed to support an application
• Local authority responsibilities for support and funding
• EHCP assessments, amendments and appeals

We focus on giving clear advice so parents understand their options and the likely next steps.

Watch the video and get support

The video, featuring Beverley Watkins answering this parent question, is available 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.