The EHCP process is governed by law. The Children and Families Act 2014 and the SEND Code of Practice set out exactly what families are entitled to, what the local authority must do, and what schools cannot lawfully prevent. And yet, families are routinely given information that is inaccurate, incomplete, or actively misleading.
"You need to wait until your child is two years behind their peers." There is no academic threshold in the law. The test for an EHC needs assessment is whether a child may have special educational needs and may require an EHCP to meet them. A child can be performing at average or above-average academic levels and still have unmet SEN that justifies an EHCP. Masking, emotional dysregulation, and high support needs during unstructured time can all indicate that an EHCP is needed, regardless of grades.
"We need to have spent our SEN budget before you can apply." False. There is no requirement that a school has spent any particular amount before a parent can request an EHC needs assessment. You have the right to request an assessment directly from the local authority at any time. The school's budget position is irrelevant to your right to make that request.
"The local authority will never approve it for a child like yours." A school expressing doubt about approval odds is expressing an opinion, not a legal fact. Refusals can be and regularly are overturned at Tribunal. Your right to apply exists regardless of what the school believes the outcome will be.
"We are already meeting all the statutory requirements, so an EHCP is not needed." This may be true. It may also be a school protecting its budget and workload. The relevant question is whether your child has needs that cannot be met without the legally protected provision an EHCP provides. That assessment belongs to you and the local authority, not the school.
Knowing the difference between a legal fact and an opinion presented as one is one of the most important things a parent can bring to this process.