Complete EHCP Guide
Everything you need to know about Education, Health and Care Plans
A comprehensive guide to the EHCP process in England, from requesting an assessment to appealing decisions. Understand your rights, the timeline, and how to secure the right support for your child.
1. What is an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document that describes a child or young person's special educational needs, the support they need, and the outcomes they should achieve. It is issued by local authorities in England for children and young people aged 0-25 who have significant special educational needs that cannot be met by the support available in a mainstream school or college.
2. Who needs an EHCP?
An EHCP is for children and young people who have special educational needs that require more support than a mainstream school can provide through SEN support. This includes children with autism, ADHD, sensory processing difficulties, learning disabilities, physical disabilities, and other conditions that significantly affect their ability to access education.
3. The EHCP Process Timeline
The statutory timeline from request to final EHCP is 20 weeks. This includes: 6 weeks for the local authority to decide whether to assess, up to 6 weeks for the assessment itself, 2 weeks to issue a draft plan, 15 days for you to comment on the draft, and 20 weeks total to issue the final plan. Many local authorities exceed these timelines, but they are legally binding.
4. How to Request an EHC Needs Assessment
You can request an EHC needs assessment by writing to your local authority's SEND team. Your request should include: your child's name and date of birth, a description of their special educational needs, evidence of their needs (school reports, professional reports, your own observations), and a clear statement that you are requesting an assessment under Section 36 of the Children and Families Act 2014.
5. What Happens During the Assessment
The local authority must seek advice and information from educational professionals, health professionals, social care, and you as the parent. They may request reports from your child's school, an Educational Psychologist, speech and language therapist, occupational therapist, and other professionals. You have the right to submit your own evidence and reports.
6. Understanding the Draft EHCP
When the draft EHCP is issued, you have 15 days to comment and request changes. You should review Section B (special educational needs), Section F (special educational provision), Section I (school or placement), and ensure all provision is specific, quantified, and enforceable. Vague language like "as appropriate" is not legally enforceable.
7. What if the Local Authority Refuses
If the local authority refuses to assess or refuses to issue an EHCP, you have the right to appeal to the SEND Tribunal. You must register your appeal within 2 months of the decision. 96% of SEND Tribunal appeals succeed in the family's favour. You must contact a mediation service before appealing, but you do not have to attend mediation.
8. EHCP Amendments and Annual Reviews
An EHCP must be reviewed at least annually. If your child's needs change, you can request an amendment at any time, not just at the annual review. The local authority must consider your request and respond within a reasonable timeframe. If they refuse to amend, you can appeal to the Tribunal.
9. Choosing the Right School
Section I of the EHCP must name a specific school or type of placement. You can express a preference for a school, and the local authority must consider it. If they name a school you disagree with, you can appeal Section I. This is one of the most common grounds for appeal.
10. Your Legal Rights
You have the right to request an EHC needs assessment, the right to appeal decisions, the right to be involved in the process, the right to see all reports, the right to request amendments, and the right to choose your representative. The Children and Families Act 2014 and the SEND Code of Practice set out these rights.
Frequently Asked Questions
Does my child need a diagnosis to get an EHCP?
No. A diagnosis is not required. The legal test is whether your child has special educational needs that may require an EHCP. Unmet need matters, not a specific label.
Can I request an EHCP if the school says my child is fine?
Yes. School observations alone are not sufficient grounds for refusal. Parent evidence and home observations are relevant and carry legal weight. Many children mask their difficulties at school.
What if the local authority ignores my private EP report?
They cannot simply dismiss independent professional evidence. The SEND Code of Practice requires them to consider all relevant evidence. We help you ensure it is properly presented and formally engaged with.
How much does EHCP consultancy cost?
We offer transparent pricing with fixed-fee packages for EHCP applications, amendments, and appeals. We also offer document review services starting from £195. Contact us for a quote tailored to your situation.
Need help with the EHCP process?
We provide expert EHCP consultancy for families across England. From applications to appeals, we help you navigate the system and secure the right support for your child.
Related: EHCP Applications, EHCP Amendments, EHCP Appeals