Getting an EHCP for ADHD: How a Private Diagnosis Helps

No, your child does not need an ADHD diagnosis to get an EHCP. In England, EHC plans are needs-led: the local authority must assess if your child has or may have special educational needs that may require a plan. A private, NICE-consistent ADHD report strengthens the request by evidencing needs, impairment and recommended provision.

Applies to England. Last updated November 2026.

Can you get an EHCP for ADHD?

Yes, and diagnosis is not the gatekeeper

An education, health and care (EHC) plan is a legal document for children and young people up to age 25 who need more support than a school can normally provide. It is set up under the Children and Families Act 2014 and the SEND Code of Practice.

The legal test for an EHC needs assessment is in section 36(8) of the Act. The local authority (LA) must assess if it thinks the child “has or may have special educational needs” and “it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan”. A diagnosis appears nowhere in that test.

The Code says the purpose of identification is “to work out what action the school needs to take, not to fit a pupil into a category” (para 6.27). LAs must not apply a “blanket” policy to particular groups of children or types of need (para 9.16).

Some schools and councils still say “we need a diagnosis first”. That is not the legal test. Lancashire and South Cumbria ICB, for example, states that “a diagnosis is not required to make a request for EHC needs assessment.”

SEN Support first: what school should already be doing

Many children with ADHD are supported at SEN Support, the level below an EHCP. Schools use a graduated approach of assess, plan, do and review, led by the SENCO.

When deciding whether to assess, LAs should consider whether the child has not made expected progress despite the school taking “relevant and purposeful action” (Code para 9.14). Strong requests show what has been tried.

Start keeping this evidence now:

• SEN Support plans and provision maps, with dates
• attainment and progress data
• attendance records, exclusions and behaviour logs
• any reports from specialist teachers, speech and language therapists or educational psychologists

How a private ADHD diagnosis helps an EHC needs assessment request

What clinical evidence adds

A good report names the condition behind the behaviours school sees. NICE guideline NG87 (rec 1.3.3) requires symptoms to cause at least moderate impairment in two or more important settings, so a proper report documents impairment at home and at school.

It should also identify co-occurring needs, such as autistic traits, dyslexia, anxiety or sleep problems, and recommend provision. Para 9.14 of the Code lists health needs, “drawing on relevant evidence from clinicians and other health professionals”, among the evidence LAs should weigh.

At Harley Street Mental Health (HSMH), our private child ADHD assessment is carried out by a CAMHS consultant psychiatrist and uses questionnaires from parents, the child and someone at school. The report is emailed within 72 hours of the appointment, provided all questionnaires have been returned. Our child ADHD assessment fees are currently £1,400 virtual or £1,900 in person.

Regulation 6 and why a good report can save time

Once an LA agrees to assess, the SEND Regulations 2014 (reg 6(1)(c)) require it to seek medical advice from a health care professional identified by the NHS commissioning body. Under reg 6(4), it does not have to seek fresh advice where advice has already been provided and the author, the LA and the parent are all satisfied it is sufficient.

The LA will usually still obtain educational psychology advice and its own health advice. A private report adds to that evidence; it does not replace it.

What it doesn’t do

A private report doesn’t guarantee an assessment or a plan. It doesn’t shorten the LA’s statutory timescales, which apply whoever wrote the evidence.

It also doesn’t automatically mean the NHS takes over any medication. Read more on whether GPs and the NHS recognise a private diagnosis.

What a private ADHD report should contain to be useful to a SENCO or local authority

Report element	Why it matters for an EHC request
Clinician’s name, qualifications and GMC or professional registration; specialist in child ADHD	NICE NG87 rec 1.3.1: diagnosis by a specialist psychiatrist, paediatrician or other appropriately qualified healthcare professional
Diagnostic criteria used (DSM-5 or ICD-11), the presentation, and the tools used (rating scales, structured interview)	Shows a NICE-consistent method, which LAs and ICBs look for
Information from school (teacher or SENCO questionnaires, reports) and from parents	NG87 requires symptoms and impairment across settings
Functional impact in education: attention, organisation, behaviour, social skills, emotional regulation, attendance and exclusions	The EHC test is about needs, not labels. This is the section a SENCO lifts into the request.
Co-occurring conditions considered, with onward referral where needed, e.g. a dyslexia assessment	NG87 rec 1.3.4 asks for an assessment of coexisting conditions and educational circumstances
Specific, measurable recommendations, e.g. a movement-break plan, a reduced-distraction workspace, OT or speech and language referral if indicated	Can be quoted in Section F if a plan is drafted
Treatment plan, including non-medication options	Context for health needs in Section C
Date, signature and consent to share with school and the LA	An LA may question an old report; consent avoids delay

Ask any provider, including us, whether its report covers these elements.

The EHCP process and timeline, step by step

Step	Statutory deadline	Source
Parent, young person (16 to 25) or school sends a written request to the LA	Day 0	CFA 2014 s36(1)
LA decides whether to assess	Within 6 weeks	SEND Regs 2014, reg 5(1)
Assessment: LA gathers parent, educational, medical, psychological and social care advice	Between weeks 6 and 16	Reg 6
LA decides whether to issue a plan (notice if not)	Within 16 weeks	Reg 10
Draft plan sent; you have at least 15 days to comment and name a school	At least 15 days	Reg 13(1)(a)
Final plan issued	Within 20 weeks of the request	Reg 13(2)
Annual review	At least every 12 months	Code para 9.166

How to request an assessment yourself

You can write directly to your LA’s SEND team; you don’t need the school’s agreement. A young person aged 16 to 25 can also request an assessment themselves.

Attach the private report, the school evidence above and your own account of daily life. IPSEA, the Independent Provider of Special Education Advice, publishes model request letters on its website.

What really happens

The DfE’s Education, health and care plans 2026 release shows 162,702 requests for assessment in 2025. LAs decided not to proceed with an assessment for 43,300 of them (26.6%), and 46.1% of new plans were issued within the 20-week limit (excluding cases where exceptions apply).

That is a reason to send organised evidence and diary every deadline, not to give up.

What ADHD provision in an EHCP can look like

Section B describes needs, Section F sets out provision and Section I names the placement. The Code says Section F provision “must be detailed and specific and should normally be quantified”.

• Vague: “Access to adult support as needed.”
• Specific: “Daily 10-minute check-in with a named teaching assistant at the start of the school day to plan tasks and equipment, plus a movement break every 30 minutes in lessons.”

If the LA says no: mediation and the SEND Tribunal

You can appeal a refusal to assess, a refusal to issue a plan, the content of a plan and the named placement.

Unless the appeal is only about placement, you must first contact a mediation adviser and obtain a certificate. You then have two months from the LA’s decision letter, or one month from the certificate, whichever is later, to appeal (Code para 11.39). A refusal-to-assess appeal uses form SEND35A, which can also be completed online.

When an EHCP is refused

Tribunal data is context, not a prediction for any single case. In the 2024/25 academic year, HMCTS recorded 20,000 outcomes for SEN appeals. 71% were decided by the tribunal, and 99% of those decided were in favour of the appellant. That does not always mean every point of the appeal was won.

For a refusal to assess, an updated clinical report setting out current needs can form part of the fresh evidence.

Will the school accept a private ADHD diagnosis?

Schools must respond to a child’s needs whoever identified them. Buckinghamshire’s local offer says a NICE-compliant private assessment “will usually be accepted” as part of the assessment of special educational needs. Lancashire and South Cumbria ICB says private reports meeting its agreed minimum standards must be “considered equally” alongside NHS and LA reports, although those standards are still being developed.

With your consent, share the report with the SENCO and ask for a meeting to update the SEN Support plan.

Scotland, Wales and Northern Ireland work differently

EHCPs exist only in England; this guide’s timelines don’t apply elsewhere.

• Scotland: Additional Support for Learning, with a Co-ordinated Support Plan for some children. Enquire, the Scottish advice service for additional support for learning, can help.
• Wales: the Additional Learning Needs system, with Individual Development Plans, introduced from September 2021.
• Northern Ireland: statutory assessment and a Statement of SEN.

Will EHCPs change? The 2026 SEND reforms

The Schools White Paper, Every child achieving and thriving (23 February 2026), and the DfE’s SEND reform consultation propose a new digital Individual Support Plan, with EHCPs kept for children with the most complex needs. The consultation closed on 18 May 2026 and states there will be “no changes to the support received via EHCPs before at least September 2030”.

The government has said it will legislate, but these proposals are not yet law. Today’s rights and timelines apply in full.

Booking a private child ADHD assessment for school evidence

Before the appointment, gather school reports, SEN Support plans and any previous specialist reports. Ask the school to complete its questionnaire promptly, as the report follows once all questionnaires are in.

Assessments are available in person at 10 Harley Street or virtually. Let us know if you would like the report to be suitable for sharing with the school and LA.

This article is general information, not legal advice. For help with an EHCP request or appeal, contact your local SENDIASS, IPSEA or Contact.

Frequently asked questions

Do you need a diagnosis to get an EHCP?

No. The legal test in the Children and Families Act 2014, section 36(8), is whether a child has or may have special educational needs and may need provision through a plan. A diagnosis can strengthen the evidence.

Can you get an EHCP for ADHD alone?

Yes, if the needs linked to ADHD can’t be met through SEN Support. Eligibility depends on the level of need and the provision required, not on the condition named.

Will a school or local authority accept a private ADHD diagnosis?

A report that follows NICE NG87 is generally considered alongside NHS evidence, and some local authority and ICB position statements say so explicitly. Make sure the report includes school input and the functional impact on learning.

How long does an EHCP take?

The legal maximum is 20 weeks from request to final plan, with a decision on whether to assess within 6 weeks. In 2025, 46.1% of new plans met the 20-week deadline (excluding exceptions), according to the DfE.

Can parents apply for an EHCP without the school?

Yes. Parents can write directly to the local authority, and the school’s agreement is not needed.

What can I do if the EHCP needs assessment is refused?

Contact a mediation adviser and get a certificate, then appeal to the SEND Tribunal within two months of the decision letter, or one month of the certificate if later. Appeals against a refusal to assess use form SEND35A.

Does a private ADHD diagnosis mean my GP will prescribe medication?

Not automatically. Transferring prescribing to the GP depends on a shared care agreement, and GPs are not obliged to take part.

Book an assessment at Harley Street Mental Health

A NICE-compliant assessment with a CAMHS consultant psychiatrist can help evidence your child’s needs for school and the LA.

Book a private child ADHD assessment

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