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 and the support they require. It's for children and young people aged 0 to 25 who need more support than what's normally available in school through SEN Support.
An EHCP is significant because it is legally binding — once your child has one, the local authority and school are legally obliged to provide the support specified in it. This makes it much more powerful than the informal SEN Support that schools provide at their own discretion.
Who Qualifies for an EHCP?
Your child may qualify if they have significant special educational needs that cannot be adequately met through the school's normal SEN provision. This might include:
- Learning difficulties — significantly behind peers in reading, writing, or maths despite targeted support
- Communication needs — speech and language difficulties, autism spectrum conditions
- Social, emotional and mental health needs — anxiety, ADHD, attachment difficulties
- Sensory and/or physical needs — hearing or visual impairment, physical disabilities
- A combination of needs that together require a coordinated, multi-agency approach
The key question the local authority asks is: Can the child's needs be met through the resources normally available to the school, or do they need something more?
The SEN Support Stage
Before applying for an EHCP, your child should have been receiving SEN Support at school. This is often called the "graduated response" and involves:
- Assess — the school identifies your child's needs
- Plan — they create a support plan with specific targets
- Do — they provide the agreed support
- Review — they check whether it's working and adjust
This cycle should be documented, and the school should be able to show evidence of what they've tried and what impact it has had. This evidence is crucial when applying for an EHCP.
How to Apply
Who Can Apply?
- Parents or carers — you have the right to request an EHC needs assessment at any time
- Young people aged 16-25 can apply themselves
- Schools can request an assessment (and should do so if they believe it's needed)
- Other professionals (e.g. health visitors, GPs) can also make a request
Step 1: Write to Your Local Authority
Send a formal letter or email to your local authority's SEN team requesting an EHC needs assessment. Include:
- Your child's name, date of birth, and school
- A clear description of their difficulties
- What support has been tried and why it isn't sufficient
- Any reports from professionals (educational psychologist, speech therapist, paediatrician, etc.)
- Your own observations as a parent
Step 2: The Decision to Assess (6 weeks)
The local authority has 6 weeks to decide whether to carry out an assessment. They should consider:
- Whether the child may have SEN
- Whether they may need an EHCP
If they refuse, they must write to you explaining why. You have the right to appeal to the SEND Tribunal.
Step 3: The Assessment (up to 16 weeks)
If they agree to assess, they will gather information from:
- You (as parents)
- Your child (their views and wishes)
- The school
- An educational psychologist
- Health professionals
- Social care (if involved)
Step 4: The Draft EHCP
The local authority sends you a draft plan. You have 15 days to comment and can request changes. This is your chance to ensure the plan accurately describes your child's needs and the support they require.
You also have the right to request a specific school — including mainstream, special, or independent specialist provision.
Step 5: The Final EHCP (20 weeks total)
The final EHCP must be issued within 20 weeks of the initial request. It must specify:
- Section B: Your child's special educational needs
- Section F: The special educational provision required
- Section I: The school or institution your child will attend
If Your Request Is Refused
Don't give up. Many requests are initially refused, and many of those decisions are overturned on appeal.
Your Options:
- Ask for the decision in writing with clear reasons
- Gather more evidence — get additional professional assessments
- Use mediation — free and voluntary, it can sometimes resolve disagreements
- Appeal to the SEND Tribunal — an independent tribunal that can order the local authority to carry out an assessment or issue an EHCP
The SEND Tribunal is free to use, and many parents represent themselves successfully. Charities like IPSEA and SOS!SEN offer free advice and support.
Useful Resources
- IPSEA — free SEND legal advice
- SOS!SEN — independent advice
- Contact — for families with disabled children
- Council for Disabled Children
- GOV.UK SEND guide for parents
- Visit our SEN guide for explanations of different types of special educational needs
Getting an EHCP can feel like an uphill battle, but it's worth fighting for. The legal protections an EHCP provides can genuinely transform your child's educational experience. Don't be afraid to push for what your child needs.