If your child has special educational needs, an Education, Health and Care Plan — known as an EHCP — is the most powerful form of legal protection available to them in England. It sets out exactly what support the school must provide and is reviewed every year. Here is how the whole process works.
What is an EHCP?
An Education, Health and Care Plan is a legal document, issued by the local authority, that describes a child's special educational needs and the provision that must be made to meet them. It covers not just education but also health and social care needs where these affect a child's learning and development.
An EHCP is different from SEN support, which is the first response most schools offer to pupils who need extra help. The two levels of support work as follows:
| Level | Name | What it means |
|---|---|---|
| 1 | SEN Support (school-level) | School identifies need and provides support using its own resources; no LA involvement required |
| 2 | EHCP (statutory) | Local authority issues a legally binding plan; provision specified must be delivered |
An EHCP is appropriate when a child's needs are complex or severe enough that the support required cannot reasonably be met from the school's existing resources.
Who can apply for an EHC needs assessment?
An EHC needs assessment is the process that determines whether a child needs an EHCP. A request for assessment can be made by:
- A parent or carer
- The school or educational setting
- A young person aged 16 or over on their own behalf
- A health or social care professional who works with the child
The local authority must then decide within six weeks whether to carry out the assessment. They must carry it out if it is necessary to establish whether the child has SEN and whether an EHCP is needed. They cannot refuse simply because the child attends an expensive or specialist provision.
What happens during the EHC assessment process?
The assessment gathers evidence from a range of professionals and people who know the child:
- Local authority writes to parents to confirm the assessment is underway
- School provides its evidence — progress data, existing support documentation, teacher observations
- Educational psychologist assesses the child — usually through observation, structured assessment, and conversation
- Health and social care are consulted — relevant therapists (SALT, OT, physiotherapy), the GP, or a paediatrician may contribute
- Parents write their contribution (Part A of the draft EHCP)
- The child's views are captured (also Part A)
- The LA decides whether to issue an EHCP
The full statutory timeline from the initial request to issuing a final EHCP is 20 weeks. This runs from the date the LA receives the request for assessment, not the date they decide to proceed.
What does an EHCP contain?
An EHCP is divided into lettered sections:
- Section A — The child's and parents' views, interests, and aspirations
- Section B — The child's SEN (what their needs actually are)
- Section C — Health needs related to SEN
- Section D — Social care needs related to SEN
- Section E — Outcomes: what the child will achieve with the right support
- Section F — The educational provision required (this is legally binding)
- Section G — Health provision required
- Section H1/H2 — Social care provision required
- Section I — The educational placement (which school or setting)
- Section J — Personal budget (if applicable)
- Section K — Advice and information gathered during assessment
Section F is the most important for day-to-day education. It specifies — with legal force — what provision the school must deliver. If the school fails to deliver the Section F provision, the local authority is in breach of its statutory duty.
How does the annual review work?
Every EHCP must be reviewed at least once a year. The annual review process:
- The school arranges a meeting, normally timed between 6 and 12 months after the last review
- Invitations go to parents, the young person, relevant professionals, and the LA
- Progress against Section E outcomes is discussed
- The meeting decides whether the EHCP remains appropriate, needs amending, or should be ceased
- The school sends a report to the LA within two weeks
- The LA must then decide within four weeks whether to amend or cease the plan
Transition reviews — at Year 5 to 6 (primary to secondary) and at Year 9 onwards (preparing for adulthood) — carry additional requirements. Year 9 reviews must begin incorporating preparation for adult life, employment, and independent living.
What if the local authority refuses an assessment?
If the LA refuses to carry out an EHC needs assessment or to issue an EHCP, parents have the right to appeal. The appeal goes to the First-tier Tribunal (Special Educational Needs and Disability), often called the SEND Tribunal. The Tribunal can order the LA to carry out an assessment or to issue an EHCP.
Before reaching the Tribunal, many disputes are resolved through mediation — a process the LA must offer before a parent can appeal. Parents do not have to accept mediation, but they must obtain a mediation certificate before lodging an appeal (even if they decline to mediate).
Frequently asked questions
How long does it take to get an EHCP from start to finish?
The statutory maximum is 20 weeks from the initial request to the final plan being issued. In practice, many local authorities miss this deadline. If you have been waiting longer than 20 weeks without a final plan, you can complain to the Local Government and Social Care Ombudsman, or seek legal advice. IPSEA (Independent Provider of Special Education Advice) offers free legal guidance to parents.
Can a school refuse to admit a child with an EHCP?
A school named in Section I of an EHCP must admit the child, unless admitting them would be incompatible with the provision of efficient education for other children and there are no reasonable steps the school could take to prevent that incompatibility. This is a high bar — most named schools must admit. The exception is if the school is at capacity in the relevant year group and the LA and school cannot reach agreement.
Does an EHCP transfer automatically when a child changes schools?
Yes. The EHCP remains in force when a child moves to a new school. The new school must implement the Section F provision from the first day. In practice, sharing the EHCP with the new school as early as possible — and arranging a transition meeting between the two schools if the move is planned — reduces the chance of a gap in support.
At what age does an EHCP cease?
An EHCP can be maintained until a young person is 25, provided they remain in education or training. At 25, it must cease. The transition from EHCP to adult social care support should be carefully planned during Year 12 and 13 — this is one of the key purposes of the Year 9 and annual reviews after that point.
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