What is an EHCP? A Parent's Complete Guide

What is an EHCP?

An Education, Health and Care Plan - commonly called an EHCP or EHC plan - is a legal document issued by your local authority that describes your child's special educational needs (SEN) and the support they must receive. It is legally binding: once an EHCP is in place, the local authority and named school are required by law to deliver what it says.

EHCPs replaced the old Statement of Special Educational Needs in 2014 under the Children and Families Act. They cover children and young people from birth through to age 25, provided the young person is still in education or training.

The plan is built around three domains - education, health and social care - and written in a way that puts the child at its centre. A good EHCP describes outcomes the child is working towards, not just a list of difficulties.

Who qualifies for an EHCP?

Not every child with additional needs will qualify for an EHCP. The threshold is whether the child's needs cannot be reasonably met through the support a school would normally provide from its own budget - known as SEN Support.

EHCPs are most commonly held by children with:

• Autism spectrum conditions (ASC)
• Speech, language and communication needs (SLCN)
• Social, emotional and mental health difficulties (SEMH)
• Moderate, severe or profound learning difficulties
• Physical or sensory impairments requiring significant adaptation

Having a diagnosis does not automatically entitle a child to an EHCP. What matters is the impact of the need on the child's ability to access education, and whether that need requires support beyond what a school can provide without additional funding.

Who can request an EHC needs assessment?

A request for an EHC needs assessment - the first step towards getting an EHCP - can be made by:

• A parent or carer
• The child's school, nursery or college
• A young person aged 16 or over, on their own behalf
• Any professional working with the child, such as a health visitor, GP or social worker

You do not need the school's permission to make a request directly to the local authority. Write to your local authority's SEND (Special Educational Needs and Disabilities) team - you can usually find the address on the council's website. Keep a copy of everything you send.

What happens during an EHC needs assessment?

Once the local authority receives a request, they have 6 weeks to decide whether to carry out a full EHC needs assessment. They will write to you with that decision.

If they agree to assess, they must gather advice from a range of professionals, including:

• The child's school (educational advice)
• An educational psychologist
• A health professional (usually a community paediatrician or specialist)
• Social care (if relevant)
• Any other specialist involved with the child

You and your child also have the right to submit your own views and evidence - use this opportunity. Write a detailed parental submission covering your child's strengths, difficulties, what works, and what doesn't. Attach any private reports, letters from consultants, or evidence from clubs and activities outside school.

The 20-week timeline

From the date of the initial request to the date a final EHCP is issued, the local authority has 20 weeks. This is a legal deadline set out in the SEND Code of Practice. In practice, many local authorities miss it - but you are entitled to hold them to it.

The key stages within the 20 weeks are:

• Weeks 0–6: Local authority decides whether to assess
• Weeks 6–16: Gathering advice from professionals
• Weeks 16–20: Draft EHCP sent to parents for comment, then final EHCP issued

When you receive the draft EHCP, you have 15 days to request changes and name your preferred school. Read it carefully. The sections that matter most are Section B (special educational needs), Section F (the support the child will receive) and Section I (the school named).

Section F must be specific, detailed and quantified - for example, "30 minutes of small-group speech and language therapy per week delivered by a qualified speech and language therapist." Vague phrases like "access to support as appropriate" are not good enough and can be challenged.

Choosing and naming a school

Parents have the right to request any state-funded school - mainstream or special - including schools in other local authority areas. The local authority must name your preferred school unless it is unsuitable for the child's age, ability or needs, or the placement would be incompatible with the efficient education of other children, or it would be an inefficient use of resources.

If you want an independent specialist school, the bar is higher: the local authority must agree it is necessary. This often leads to disputes.

What to do if your request is refused

If the local authority refuses to assess, or refuses to issue an EHCP after assessment, you have the right to appeal to the SEND Tribunal (formally the First-tier Tribunal, Special Educational Needs and Disability). You must first go through a mediation process (or sign a mediation certificate to confirm you've considered it) before appealing.

Appeal success rates are high - around 90% of cases that reach a hearing are found in favour of the family. That said, the process is stressful and slow. Getting early advice from a SENDIASS (SEND Information, Advice and Support Service) adviser - a free service every local authority must provide - can help significantly.

IPSEA (Independent Provider of Special Education Advice) and SOS!SEN are charities that offer free legal advice and can help you draft letters or prepare for tribunal.

Annual reviews

Once an EHCP is in place, it must be reviewed at least once every 12 months. The review is your opportunity to check whether the support described in the plan is still appropriate, whether outcomes are being met, and whether the school placement is right.

For children aged 14 and over, the annual review must also consider the young person's transition to adulthood - including plans for employment, independent living and community participation. These reviews carry additional legal weight.

You can request an emergency review at any time if circumstances change significantly, for example if your child moves school or their needs escalate.

EHCPs and school choice on School Signal

When comparing schools for a child with an EHCP, the Ofsted judgement and headline results tell only part of the story. Key things to look for include the proportion of pupils with EHCPs, the school's experience with your child's specific need, and - if you visit - how the SENCO (Special Educational Needs Coordinator) talks about provision.

School Signal shows SEN data for every school in England, including the number of pupils on SEN support and those with EHCPs. Use our SEN & Additional Needs knowledge hub for more guidance on navigating the SEND system.

Key takeaways

• An EHCP is a legal document - its provisions are enforceable.
• Any parent can request an EHC needs assessment without the school's approval.
• The full process from request to final plan must take no longer than 20 weeks.
• Section F must be specific and quantified - push back on vague language.
• If refused at any stage, you have a right of appeal to the SEND Tribunal.
• Free support is available from SENDIASS, IPSEA and SOS!SEN.