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 through to appealing a decision.
In this guide
The EHCP process, step by step
Expand each step to see the key legal and practical points.
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.
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.
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.
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.
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.
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.
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.
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.
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.
99%
of SEN appeals decided by the Tribunal in 2024/25 were decided in favour of the appellant
Strong evidence and careful preparation help families present the clearest possible case.
"In favour" means the appellant succeeded on the majority of the appeal and does not necessarily mean success on every appealed issue. Source: HMCTS, Tribunal Statistics Quarterly: July to September 2025, Annual SEND Statistics for the 2024/25 academic year.
Common questions
The questions parents ask most
Clear answers to the questions families ask most often about EHCPs, schools, evidence and appeals.
Getting an EHCP
You (or your school) request an EHC needs assessment in writing from your local authority's SEND team, citing Section 36 of the Children and Families Act 2014. You do not need the school to agree, and you do not need a diagnosis. Include evidence of unmet need: school reports, professional reports, and your own observations of how your child is coping at home.
Yes. This is one of the most common misconceptions. The legal test is whether your child has special educational needs that may call for provision through an EHCP, not whether they hold a formal diagnosis of autism, ADHD or anything else. Unmet need is what matters.
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.
A refusal to assess is appealable to the SEND Tribunal, and you have two months from the decision to register. Refusals at this stage are common and frequently overturned. Strengthen the case with clear evidence of need and the gap between what your child requires and what is currently provided.
Provision and schools
Section F must be specific and quantified. It should name the type of provision, the amount (for example, hours of 1:1 support per week), the frequency, and who is responsible. Avoid vague wording. "Access to" support is not the same as a specified, enforceable entitlement.
It depends on need, not diagnosis. If your child cannot access learning, stay safe, or regulate without adult support, 1:1 provision may be appropriate and should be quantified in Section F. The evidence has to show why the support is necessary and how much is required.
Placement is decided through Section I of the EHCP. You can express a preference for a special school, and the LA must name it unless it is unsuitable, incompatible with the efficient education of others, or an inefficient use of resources. Strong evidence that mainstream cannot meet need is key.
You can request an independent or non-maintained special school. The LA must consider it and, where it is suitable and other conditions are met, can be required to fund it. Cost alone is not an automatic reason to refuse; the LA must compare genuinely suitable options.
Cost can be a factor, but it is not a trump card. The LA must compare genuinely suitable placements and cannot refuse a suitable school purely because a cheaper option exists if that cheaper option cannot meet need. The comparison has to be like-for-like.
If your child has an EHCP and meets eligibility (for example, distance, or being unable to walk to school safely because of SEND), the LA may have to arrange free transport, which can include a taxi and an escort. Transport arrangements can be challenged if they are unsuitable.
Evidence and appeals
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.
A well-evidenced independent EP report can be one of the most valuable pieces of evidence, particularly where the LA's assessment is thin. It should quantify need and recommend specific provision. The LA cannot simply ignore it; they must engage with all relevant evidence.
Many families succeed without a solicitor, especially with well-organised evidence and clear grounds. The barrier is usually preparation, not cost: the registration fee is £0.
Include the EHCP and the decision being appealed, independent and LA professional reports, school records and reports, a chronology of events, attendance data, and your parental statement. Index it clearly so the panel can find what matters quickly.
Outcomes depend on the strength of evidence and how clearly the grounds are argued, but sector-wide figures show the large majority of appeals succeed at or before hearing. Local authorities frequently concede once a properly prepared case is in front of them.
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Related EHCP services
If this page matches your situation, these services may help.